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Dreamer. tia 


UNIVERSITY OF ILLINOIS 
LIBRARY 


Class Book Volume 


30h.07ES MSS = 1H 


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Ne 


A DIGEST 


OF THE 


LAWS, ORDINAN CES. 
CONTRACTS’ 


OFS THE 


Gly OF MEMPHIS 


CONTAINING ALL LAWS, ORDINANCES AND 
CONTRACTS PASSED AND ENTERED INTO 
UP TO AND INCLUDING JUNE 30tTu, 1909. 


COMPILED BY 
H. DOUGLASS HUGHEY 


Pursuant to the following resolution adopted by the Board of Fire 
and Police Commissioners of the City of Memphis, July 31, 1907. 


“WHEREAS, It is provided in the City Charter that a Digest of 
the local laws shall be prepared at least once in five years, and 
oftener if deemed necessary by the Board of Fire and Police Com- 
missioners; and, 


“WHEREAS, The last Digest was issued in 1902, and a new Digest 
is now needed; therefore, 


“Resolved, That the City Attorney be directed to prepare a new 
City Digest modeled on the plan of Walker’s Digest of 1898, the 
work to be done as soon as practicable. 


“In preparing the Digest, the Attorney is directed not to m- 
corporate therein the city contracts now embraced in Watkins’ 
Digest of 1902, beginning at page 533 of said Digest; but city 
contracts of general and lasting character, and especially those 
modifying or changing the above contracts now appearing in 
Watkins’ Digest, will be incorporated in the new Digest. 


“The matter under the head of ‘Decisions of State and Federal 
Courts Relating to the City of Memphis,’ commencing at page 
105 of Watkins’ Digest, and ending with page 160, will also be 
omitted. 


“A careful index of the contents of the Digest will also be pre- 
pared.”—(Minute Book “B,” Fire and Police Commission, p. 132.) 


CITY GOVERNMENT OFFICIALS. 


LEGISLATIVE COUNCIL. 


COMPOSED OF THE BOARD OF FIRE AND POLICE COM- 
MISSIONERS AND THE BOARD OF PUBLIC WORKS. 


FIRE AND POLICE COMMISSIONERS. 


SUES EC PCA CON ERM one bedee es tigate ToL ment oo Mayor 
Mmmm ALEC aye agit lel lo oh ol Vice-Mayor 
CEES STS SF ates Rn a ae a ee Commissioner 
POPPE MOP RUC Hck: ciety rte ti oe EM eae Commissioner 
TEED SU San ane Ren Aaa eT Commissioner 


BOARD OF PUBLIC WORKS. 


GEO. C. Love, Chairman. 


THOMAS DIEs. FRANK F. HI. 
J. S. DuNScomp. P. J. MORAN. 
C. W. Epmonps. Louts SAMBUCETTI, 
ABE H. FRANK. J. THOS. WELLFOrRD, 
H. T. WINKELMAN, 
See ER IOUGLASE Sth. 856, \5 Atha ens eee ees City Register 
TACIT AWS CEH Ss (a alta OR ee RY eS Asst. City Register 


he RE City Stenographer and Clerk to the Legislative Council 
SPREE Ysa ALEXANDER, 0 eck nS yas. Le Assistant Clerk 
RRM ABB Ors hon ey Nos ma gee aU Secretary to the Mayor 


LEGAL DEPARTMENT. 


Re ee ACK ROMs Hah ny elera vce es by City Attorney 
PEL re VLC I MIM 0505.0 os Wg oh wee Assistant City Attorney 
Demers EnV ANNE C7, Pps. Wig ct els it Assistant City Attorney 


LEGISLATIVE COUNCIL — CONTINUED 


TAX DEPARTMENT. 


GOs as FL LO IY Oar cee ccs ioe? e 06 was bis se City Tax Assessor 
Re Dees ENN V BYES SOUCY ete eat gle x US > a ects aoe erate eee Assistant Assessor 


POLICE DEPARTMENT. 


PUN pan Ae rtd Wid meee etn a ces c's carla Sw ta .8 ne Chief of Police 
{Sve rae pS 1, Siena LRN tae Ce neat a ea Men Hae eT Chief of Detectives 
STE Lire oR ATR UND Se ec ab cw wren at'e oo ale SR a Sire clare eee ae Clerk 


FIRE DEPARTMENT. 


On CRS UELIVAN oe) locas ei saio- es bv ie 0 0 ee us 8 ee epee Chiet 
JOR N ANICICADDE Nh hates Sao LS Salita aan ee Assistant Chief 
J OLAUIS WEIN PIGEONS i cco alc a basis ols ce d's ahs ea On ae ee Assistant Chief 
MrCe Fe TPTALOR RTS wtis ies u p S Pes ee Assistant Chief 


OTHER OFFICERS OF THE CITY OF MEMPHIS. 


As Cre EON totais At Wig cas sees oor ec Oia ace eS Judge of City Court 
JAE ON SOR Gant nein Tots hier ee, esos fa Satan Clerk of City Court 
| Bete, HN SE ahi dy ON 5a oe SiMe dee Re get Oe pA Assistant Clerk of City Court 
J SEO WBA TER RORD riers eure eoaid sso os laren g aie ea Engineer 
DANACy SNENVEO Nie erento Rees aie k Ns elo ok Building ,Commissioner 
Re ALT BUDE Yc deere, Beenie wit yeaa: o's 68. dG abe ie ip Se Paymaster 
PG pBROW RS a ee ok eit ee ie oss Sa es io atlas Street Commissioner 
BURA OE AW oy NS open ee toe Tere anos Beka fs Sl eaertale: aca omen aaa Wharfmaster 
KSLIX? DECEEBC re EO seh eee Sees Register of Licenses, Etc. 
W.. PO SHEA Sees epee reget Inspector of Weights and Measures 
JAAgsOLIVERG Serra a ae bee eee Assistant Building Commissioner 
W115 WEEE Oo ates eee tee Ls tua Ste, Hecker So Sune ma Gas Inspector 
Cy-P= MARS FEAT Bis: cies rene etna eae ee tet ae Boiler Inspector 
JOS.) SBRAUING aioe aha enti erent wae eh steers hee Light Inspector 
FRANK: SPAY DORs Ss ace cath ot ena eke ee Hospital Superintendent 
Cid 5 SOMULTZ ir 52 econ a tee tke re eae Plumbing Inspector 
J SEASEOVEER as can erase Mosca ote rae rater te oe anne Cetera: Meat Inspector 
CHAS (ale JEG. coc. 7s ieee Meet ate oes foe ae ak License Inspector 
GOS I SW ABD oa pole oot carol aera eas ele ge I =e oho ohne Market Master 
GHAS. HALLORAN. oe edit < Sia anette lege ee Harness Maker 


Jo We SCHETREER 05/8) Sete ee eae Veterinarian 


INTRODUCTION TO THE SEVENTH 
(PRESENT) DIGEST. 


The present Digest (1909) embraces all legislation relating to 
the city, and all ordinances, resolutions and contracts of an im- 
portant and lasting character down to and including the 30th 


day of June, 1909. 


Introductories to the earlier Digests furnish a brief history 
of some of the causes that gave birth to our laws, and explains 
why the “Taxing District Act of 1879,” and amendatory acts 
_ thereof, were necessary, which acts, in effect, make our govern: 


ment simply an agent of the state government. 


The main cause that brought about the repealing of the origi- 
nal charter of the City of Memphis, Acts of 1826, and amendments 
thereof, was the city’s inability to settle its debts, brought about 
by the yellow fever scourge of 1878, which, so depopulated our 
city and depreciated real estate values that the settling of the old 
debt dollar for dollar was impossible. The city compromised 
this debt with its creditors, the Taxing District Act of 1879 and 
the amendatory acts of 1883 and 1885 being enabling acts for 
this purpose, which resolved our government back into the body 
of the State, abolished all offices and withdrew all power of 
taxation from the municipal government, and transferred all 


such powers to the custody and control of the State. 


The old city debt in 1883, with accumulated interest, amounted, 
in round numbers, to about $7,000,000. Under the acts above 
mentioned, the debt of the old city was settled long since, and 
funded into “compromising bonds,” issued by the district, the 
original issue being about $3,500,000, bearing 6 per cent. interest. 
The city has since paid $730,000 of these bonds, and has issued 


new refunding 414 per cent. bonds:for the remainder. 


6 


INTRODUCTION TO THE SEVENTH (PRESENT) DIGEST. 


As the work of compiling this Digest begins from the date of 
the Watkins’ Digest. of 1902, I deem it would not be inappro- 
priate to give briefly a review of the growth and improvements 


made by the respective governing agencies since that time. 


WILLIAMS ADMINISTRATION. 

During the years 1902 to 1905 (and for four years prior to 
1902), the Hon. J. J. Williams was at the head of the govern- 
ment. Prior to the year 1903, the city could not levy and collect 
more than $600,000 of taxes for any one year on realty, personalty 
and merchants’ capital. The revenue derived from privileges, 
pick-up taxes and all other sources, in addition to the $600,000, 
amounted to about $200,000, giving the administration, say $800.- 
000 to maintain and faurove its government. The city was be- 
ginning to grow rapidly, and new territory was being annexed 
here and there, and new homes and new industries were being 
built, creating a necessity for sewers and water. The Mayor, 
believing that the return of the dark days of 1878 and 1879 could 
be averted by the proper sewering of its territory, expended 
almost the entire revenues, after paying the necessary running 
expenses of the several municipal departments, in building sew- 
ers and in laying water mains. Our revenues being limited, 


street improvement was a secondary consideration. 


In 1903 an amendment to the Taxing District Act was passed, 
allowing the city to levy and collect taxes aggregating not more 
than $1,100,000 per year, and this increase in revenue, though 
not sufficient, enabled the government to do a great deal of street 
improvement. The Williams administration was criticised- for 
extending its sewers far into the open and unsettled territory, 
commonly called by many “old fields;” but the rapid growth of 
the city soon justified this far-sightedness, and before Mayor Wil- 
liams went out of office he was commended for his course. When 
he was retiring and the Malone government was being ushered 


in, the Hon. J. T. Walsh, Vice-Mayor, stated in open Council: 


INTRODUCTION TO THE SEVENTH (PRESENT) DIGEST. 


“Mayor Williams, you have made the best Mayor Memphis has 
ever had, and have built for yourself a monument that will stand 


forever, even though it be hidden under ground.” 


.MALONE ADMINISTRATION. 


The government with the Hon. James H. Malone as Mayor at 
its head began with the year 1906. Unfortunately, factional poli- 
tics broke out early in the administration, culminating in what 
was in effect a repeal of the entire City Charter by an act of the 
Legislature in 1907, and legislating out of office every man, from 
the Mayor down, and the Mayor was excluded from the City 
Hall for some six weeks. However, this act was declared void by 
the Supreme Court, the particulars of which can be seen in the 


case of Malone vs. Williams, 118 Tenn., p. 390. 


This contest greatly embarrassed the Mayor in formulating and 


carrying out his policies. 


Although, as above stated; the prior administration had ex- 
pended the bulk of its revenues in building sewers and water 
mains, and the improvement of its streets had been limited, still, 
the city had been making such rapid strides in its growth that 
the building of sewers and mains could not keep pace with the 
growth of the city, and the Malone administration was forced 
to continue making large and continued improvements along 
this line, which drew heavily ‘upon the limited revenues. This 
administration pushed ahead with street improvements the first 
two years of its term as rapidly as possible with the revenues left 
after paying for the maintenance of departments. Early in his 
administration, the Mayor took a determined stand for better 
and more sidewalks and an ordinance was introduced by the 
Mayor, and passed by the Council, requiring property owners to 
build and maintain granolith sidewalks in front of their respec- 
tive properties. This ordinance, after a bitter contest in the 


courts, was held valid, and, as a result, hundreds of miles of 


7 


8 


INTRODUCTION TO THE SEVENTH (PRESENT) DIGEST. 


granolithic sidewalks have been laid, for which the Mayor de- 
serves much credit. (See the case of O’Haver vs. Montgomery, 


120 Tenn., 448.) 


During the session of the Legislature of 1907, Mayor Malone 
was instrumental in having an act passed, commonly called “The 
Front Foot Assessment Law,” which act permits the city to im- 
prove a street, assessing the property owners two-thirds of the 
cost, proportioned according to the respective frontages. This act 
required the signatures of 60 per cent. of the property owners 
before an improvement could be made; but, under an amendment 
passed in 1909, the city was given the initiative—that is to say, 
the city may proceed to improve the streets on its own motion, 
assessing the property owners whose property lies adjacent to 
the street improved two-thirds of the cost, according to the front- 
age, which charge is made a lien against the property. This law 
is especially the result of the labors of the Mayor, whose work 
has greatly simplified and made the law more efficient and easy 


of application. 


The validity of the act of 1907 was assailed in the courts, but 
it was declared constitutional by the Supreme Court, at its April 


term, 1908, in the case of Nohsey vs. Memphis, MSS. 


By the aid of this law, and an act of the Legislature of 1909, 
authorizing the issuance of $1,000,000 bonds for street improve- 
ment, the city fo anbine rapid strides in the improvement of its 
streets, and is fast becoming one of the best paved cities in the 


whole country. 


In the annual message of the Hon. James H. Malone, Mayor, 


published in May, 1909, His Honor says: 


THE PUBLIC WORK DONE DURING YEAR 1898. 
“It should be a matter of gratification to the Council that the 
year 1908 marked the first step taken toward paving and beautify- 


ing our highways in the history of the city, and these improve- 


INTRODUCTION TO THE SEVENTH (PRESENT) DIGEST. 


9 


ments have met with such hearty approval on the part of the 
citizenship at large that it will not be possible in the future to 


take any backward step along these lines. 


“Street paving in 1908 under the front foot assessment law: 


PLCCOtS COMPLOLOG snot Sains, fleet. 285 9.74 miles 
Streets nearly completed ety cose eye 7.24 miles 
SELeeLSeUlOGlLrCODLT ACU a yes wieleiets se .98 miles 


“Improvements in 1908 not under the front foot assessment 
law: 


Streets compieted or nearly completed 4.36 miles 


PRO UA ate rer Pn oetnoee nh sends. tae cto, we 22.32 miles” 


Since the above report was made, all of the work embraced in 
the above has been completed, and new street work, aggregating 
about twenty-one miles, is now under course of construction, or 


contracted for. 


The people of Memphis have almost unanimously endorsed the 
policy of the Mayor and his administration in its street improve- 
ments under this law, gladly assuming the obligation to pay two- 
thirds of the cost; and the administration will carry forward (if 
not prevented by the courts, an injunction suit being now pend- 
ing in the Chancery Court questioning the constitutionality of the 
1909 act), these great improvements upon the scale that they 


were projected in the year 1908. 


MAYOR’S POLICIES OUTLINED IN 1908. 


Early in the fall of 1908, and with a view of carrying out the 
policies he had formulated, by having the same enacted into 
laws by the Legislature of 1909, the Mayor addressed a large 
audience of business men, and this address was put in pamphlet 


form and largely circulated, at his own expense. He advocated: 


1. The amendment to the front foot assessment law already 


referred to. 


10 


INTRODUCTION TO THE SEVENTH (PRESENT) DIGEST. 


2. <A bill to authorize the issuance of $1,000,000 street im- 
provement bonds, being a companion bill to the front foot assess- 


ment law. 


3. <A bill to authorize the issuance of $1,000,000, of which $500,- 
000 was designed to purchase the Southern Railway yards and to 
convert the same into a park, the balance to be used on the gen- 


eral park system. 


4. A bill to authorize the issuance of $250,000 bonds to build 


a new police station. 


The Council concurred in these recommendations, and also a 
bill to issue $500,000 bonds in aid of the public schools, all ot 


which were enacted initio laws by the Legislature of 1909. 


THE TAX RATE AND ITS UNIFORMITY. 


Prior to 1905, there were three separate rates of taxation, but 
the Legislature of that year enacted that a uniform rate should 
prevail throughout the city. This gave rise to a long and acri- 
monious discussion. The Mayor advocated a uniform rate, and 
enforced the same, defeating in the Supreme Court an effort 
to destroy a uniform rate. (See Galloway vs. Memphis, 116 


Tenn., p. '736:) 


The Legislature repealed the uniform act of 1905, but the 
Mayor maintained that it did not, in law, revive the old three- 
rate law, which opinion was adopted by the Council and acqui- 


esced in by the public, a much desired result. 


Memphis has grown from a population of about 100,000 in 
1900 to a population estimated, as computed from the 1909 Direc- 
tory, of 210,000. 

CITY WATER PLANT. 

In May, 1903, the city purchased its water plant. This plant, 

on December 31, 1908, operated 191 miles of mains (being a 40 


per cent. increase since purchase of plant), has 17,213 connec- 


INTRODUCTION TO THE SEVENTH (PRESENT) DIGEST. 


11 


tions, or 46 per cent. increase since purchase), and a daily aver- 
age pumping of 13,052,146 gallons from 69 artesian wells, of 
depths from 450 to 500 feet, with an inexhaustible supply, fur- 
nishing its citizens with. cool water as pure as can be found on 
the continent—so pure that her death rate amongst the white 
is only 9.03 per 1,000, which is third lowest of all American 


cities. 


In 1908, a splendid auxiliary water plant on Central avenue 
was completed, and the vast amount of water there found is a 


guaranty of an unlimited supply for the city in the future. 


THE PARK SYSTEM. 


The Park System, which was so ardently advocated by the late 
Hu L. Brinkley, and supported and becoming a reality under the 
Hon. J. J. Williams and his administration, opened up in earnest 
in the year 1901, when Overton and Riverside Parks were pur- 
chased, and, under the supervision of the Park Commission, the 
system is fast becoming a garden spot of the city and the pride 
of its citizens. Its grand parkway, which almost encircles the 
city, being eleven miles in length, 40 per cent. being boulevarded, 
double roadway, connecting Riverside, on the southwest, with 
Overton, on the northeast, and thence into the heart of the north- 
ern section of the city, will soon be completed, and promises to 
be one of the grandest boulevards in the whole country. Mem- 
phis now has 814 acres in improved parks, and a large zoologi- 


cal garden containing 382 interesting specimens. 


The county is just finishing a $1,500,000 Court House, which 
is the most beautiful specimen of classic architecture in the 
United States, and the city government will soon be quartered in 
this magnificent building. H. DouGcLtass HUGHEY. 


July, 1909. 


INTRODUCTION TO FIRST DIGEST. 


It may not be inappropriate, as introductory to this Digest, to 
state some of the causes that gave birth to that government whose 


laws and ordinances it contains. 


After the Sree of 1878 had done its work of death, those 
who survived found many deserted hearthstones and desolate 
homes. Pestilence, more pitiless than war, had robbed Memphis 
of thousands of her truest and most enterprising citizens, and 
of millions of money, in paralyzed industry and diminished 
values; and the future, which once promised so fair, was be- 
clouded with doubt and fear. For interest on debts made no 


9) 


pause, though the “pestilence walked in darkness,’ and taxation 
in the devoted city vastly increased on greatly diminished re- 
sources; and our accumulated misfortunes did not appease the 
thirst for payment of a vast and insupportable debt. Friend met 
friend, and, as they looked each other in the face and remem- 
bered the past, wept for themselves and for their beloved city. 
What was to be done? Memphis had tried to settle her debt, and 
failed. Where the fault lay it is not necessary to inquire. The 
fact is the attempt failed. Besides, profoundly grateful for the 
beneficent charity that poured in upon her from the civilized — 
world with unabated benefaction, through the yellow fever, it 
was felt that something ought to be done in the way of thorough 
sanitation, in order that the plague never return; and that it 
was essential to the life of trade that our dilapidated streets be 
repaired and paved. Added to all this was the realization of the 
fact that municipal governments in the United States were a 
failure. It is a curious, not to say sad, reflection that so enlight- 
ened and progressive a people as ours should have so lamentably 


failed in their management of municipal affairs. 


So it was, these accumulated ills brought Memphis to the verge 


of destruction and despair, and these weighty considerations 


INTRODUCTION TO FIRST DIGEST. 


moved her to seek relief. It was a question of life or death. 
For what booted it that her position was the most commanding 
on the continent, and that she was the natural interpot for al! 
the varied productions of the largest, most fertile and rapidly 
developing valley in the world, if all her earnings and income 
were only to fill the coffers of her creditors? What booted it 
that her muscie, brain and enterprise gave promise of prosperity 
and greatness, if all she had, and hoped for, was only held in 
trust for the payment of debts that were accumulated without 
permanent benefit to her, and that, like a millstone around her 
neck, dragged her down to bankruptcy and death? From these 
ills, and others worse to come, her citizens united to find a re- 
lease; and, believing that when governments fail of their pur- 
pose (the good of the governed), and that communities, like in- 
dividuals, can invoke the protection of the maxim, “self-preser- 
vation is the supreme law,’ they asked the sovereign State to 
take back their ancient privileges and franchises, and give them 


a new and better form of government. 


To this end, mass-meetings were held, committees appointed, 
and bills drawn and passed by the Legislature. These laws have 
been ratified by our Supreme Court, and the Taxing District of 
Shelby County, Tennessee, is an accomplished fact. And it is 
fondly hoped that its organic law embodies the solution of that 
hitherto unsolved problem—how to govern, cheaply and well, a 


municipal corporation. 


This government is simply an agent of the State government, 
without the power of credit or taxation, and the evils consequent 
thereon. It owns no property, except for governmental purposes 
alone. It can issue no bonds, and has no power to pay them if 
they are issued. It contracts no debts, except as against par- 
ticular taxes levied by the State itself, to pay them, year by 
year. It therefore pays as it goes—the only true policy for indi- 


viduals and States. What improvements it makes, it pays for; 


13 


14 


INTRODUCTION TO FIRST DIGEST. 


‘and if it has no money to pay, it waits till it has. Launched 


under such auspices, it is hoped that it will prove a lasting bless- 
ing, and that economy, honesty and enterprise, cleanliness and 
thorough sanitation, good streets, and an efficient fire and police 
protection will close its gates on the pestilence forever, and open 


wide the doors of health and lasting prosperity. 


INTRODUCTION TO SECOND DIGEST. 


The enormous indebtedness of the cities of the country, and 
the evils attendant thereon, are the result, in great part, of a 
misconception of the true scope of municipal government. I[n- 
stead of confining municipal powers to the conservation of the 
health, peace and good order of the inhabitants of municipalities, 
and the protection of their liberty and property, too often extra- 
ordinary and extra municipal powers are conferred, which, loosely 
worded and construed, and more loosely executed, have borne 
pernicious fruits everywhere. Extravagance, peculation and cor- 
ruption have added private dishonor and disgrace to public bank- 


ruptey and ruin. 


Too little power has been given the executive, and too little 
responsibility has, consequently, attached to him. The taxing 
power has been bestowed with too lavish a hand, and for too 
many purposes. The inefficiency of administration, arising from 
the complex character of the municipal. organization, the number 
of officers, and the manifold duties confided to them, are evils 


apparent to all." 


To avoid these evils, and many others of the old system of 
municipal rule, and to attain the benefits of honest and economi- 
cal government, the Taxing District was created. It is simple in 


structure and cheap and efficient in administration. 


Its functions are confined to municipal regulation and govern- 
ment proper, and the evils of unrestricted taxation are entirely 
eliminated, by not clothing it with that power for any purpose, 


but leaving it to the State to levy all taxes for it. 


The powers of government are chiefly confided to three men, 
having one of these as the Chief Executive, clothed with ample 


power. These are all elected by the people, for whom they act, 


1 See 1 Dill, Mu. Cor., pp. 85-89. 


16 


INTRODUCTION TO SECOND DIGEST. 


and to whom they are responsible. These three are aided in the 
passage of all laws, and the contracting for all work, by - five 
others, who serve without compensation, and are also chosen by 


the people. 


It combines, therefore, promptness of action, with a due regard 


for the rights of all whom that action may affect. 


The government has been in existence three years and five 
months. During the last three years of that time it has paved 
fifteen miles of streets, put down forty miles of sewers, and thirty 


miles of drain pipes, and every foot of it is paid for. 


In that time no pestilence has entered our gates. Oriue has 
ceased its deadly work, the pistol shot is heard no more, and 
we can live at home all the year, in health and peace, and with 
that security which liberty, regulated by law—the only true lib- 


erty—brings to its possessors. 


Thus far the Taxing District has not disappointed the expecta- 
tion of its citizens, nor will it in the future, if they are true to 


themselves. 


INTRODUCTION TO THIRD DIGEST. - 


At the time of the repeal of the charter of the City of Mem- 
phis, in January, 1879, the debt of the city amounted, in round 
figures, to about six million dollars. No immediate provision 
was made by the State for the settlement of that debt, except 
that the act passed contemporaneously with the repeal of the 
charter provided for the collection of the taxes due the city, and 
the distribution thereof among the creditors, special equities and 
liens being carefully preserved. As part of that measure, it was 
enacted that city indebtedness should be received in payment 
of the general taxes due the city. This provision, utterly inade- 
quate to settle the debt of the old city, remained the only pro- 
vision to that end until 1881, when the Legislature of the State 
passed an act offering the creditors of the city a compromise set- 
tlement at 33%, cents on the dollar. This attempt at a settle- 
ment resulted in absolute failure, the creditors, with entire unan- 
imity, refusing to accept the terms offered. Thus the matter 
rested until 1883. The debt of the city, with accumulated inter- 
est, then amounted to about seven millions of dollars, notwith- 
standing a considerable proportion of it had been absorbed in 
paying the taxes due the city. The Supreme. Court of the State 
had decided, in the case of O’Connor vs. City of Memphis, 6 Lea, 
730, that the Taxing District was a municipal corporation, the 


successor of the City of Memphis, and liable for its debts. 


The district government and the entire people of the city be- 
came thoroughly aroused to the urgent necessity of an amicable 
adjustment with the creditors. The entire press of the district 
and many prominent business men actively interested themselves 
in the subject. Mass-meetings were held, committees appointed 
on behalf of the people and the creditors, and, after many con- 


ferences, an act was drafted that was acceptable to. the great body 


18 


INTRODUCTION TO THIRD DIGEST. 


——e 


of the creditors. The act was enacted into a law by the State— 
Chapter 170 of the Acts of 1883. The great bulk of the creditors 
accepted its provisions. To meet the views of special creditors 
it became necessary to amend and extend that act, which was 


done at the general and extra sessions of 1885. 


Under these acts, the debt of the old city had been settled 
and funded into new compromise bonds, issued by the district. 
The bonded debt of the district thus created now amounts to 
about three million one hundred thousand dollars. Originally, 
it amounted, in round figures, to three million five hundred thou- 
sand dollars, the difference between the original and present 
amount having been retired in the payment of taxes due the 
old city, and through purchases of bonds, made by the Taxing 


District. 


Thus the burden of an overwhelming municipal debt has been 
lightened to a bearable weight. It no longer oppresses the peo- 


ple, or beclouds the commercial interests of the city. 


The work of completing the system of sewers, and of paving 
the streets has been pushed with satisfactory results. With the 
ordinary rate of taxation, forty-four and one-half miles of sewers 
have been built, twenty-three miles of streets have been paved, 


and thirty-six miles of sub-soil drains laid since February, 1879. 


The people of the district continue to congratulate themselves 
upon the successful issue of municipal reform, inaugurated by 
the form of government adopted in 1879. The bonds of the dis- 
trict command a premium in financial centers. The private 
credit and standing of its merchants are unsurpassed. Improve- 
ments, public and private, advance on every hand. Every day 
the limits of prosperity widen; and the people of the city are 
satisfied that the one thing essential to its continued growth 
is to maintain the municipal government in its original integrity 


and purity. 


INTRODUCTION TO FOURTH DIGEST. 


The present Digest embraces all legislation relating to the 
city, and all ordinances passed and adopted down to the 6th day 
of October, 1892—the foot notes indicating changes since the last 
issue. Since the Digest of 1887 public improvements have con- 
tinued to be vigorously pushed forward. About twenty-five miles 
of street pavement have been laid, of which 1.62 miles are laid 
with vitrified brick on a concrete foundation of nine inches of 
broken stone and cement. That character of pavement is prov- 
ing eminently satisfactory. Main and Third streets are paved 
with granite blocks, on a like concrete foundation. The remain- 
ing streets have, in the main, been laid either of block stone, 
on concreting gravel foundation, or entirely of concreting gravel, 


with block stone gutters. 


| About ten miies of sewer mains have been laid, and the sewer 
system, begun in 1883, has been practically completed. We now 
have fifty miles of substantial street pavement, a sewer system, 
practically complete, and an attendant system of subsoil drain- 
age. New engines have been added to the Fire Department, and 


new and costly engine-houses built. 


All this public work has been accomplished out of the general 
revenues of the city, without special assessments, and without 
incurring a dollar of indebtedness. On the contrary, the bonded 
debt has been reduced, up to this date, $624,967.54, leaving the 
bonded debt at this date $3,159,058.12. No part of that debt was 
incurred by the present city government or its predecessor, the 
Taxing District. It was created by and inherited from the old 
city government anterior to the repeal of the charter, in 1879, 
and the organization of the Taxing District. government. Our 
municipal tax rate has been reduced from $2.35 for 1890, to $1.85 


for the current year. 


20 


INTRODUCTION TO FOURTH DIGEST. 


Our street car system has been completely revolutionized, ani- 
mal power abandoned and electricity substituted. About sixty 
electric motors are regularly operated, over about twenty-two 
miles of double track lines, all of which were taken up and relaid 
in the most approved and most substantial manner, with steel 
(Johnson) rails, when the change was made. That change was 
made in about one year, and at a cost of about one million dol- 
lars. We have, besides, an electric road to Raleigh, a village ten 
miles to the northeast, and another (the City & Suburban) to 
McGhee’s Station, four and a half miles to the southeast, both 


of which penetrate to the heart of the city. 


Our public water supply is furnished by the Artesian Water 
Company, whose entire plant has cost over one and a half mi!- 
lion of dollars. The three pumps alone .cost over $150,000, and 
have an aggregate capacity of thirty million gallons daily. The 
average daily supply (about eight million gallons) can be fur- 
nished by either one of the pumps separately. The water is sup- 
plied by a system of deep wells, connected by tunnels with and 
flowing naturally into a central reservoir, from which it is de- 
livered by the pumps. From analyses made by the best authori- 
ties in chemistry, and from several years of actual use, the water, 
for purity and healthfulness, is believed to be unexcelled, and 


the supply practically inexhaustible. 


Our public schools flourish as never before. They are attended 
by the children of the best people of the city. With an able Su- 
perintendent, an experienced corps of teachers, and school build- 
ings better than which can scarcely be found anywhere, the sys- 


tem is looked upon with pride by the whole city. 


The great bridge over the Mississippi River has been begun 
and completed, by which Memphis and all its tributary territory 
is linked to the immense region to our west, penetrated by three 


trunk lines of railroad. 


INTRODUCTION TO FOURTH DIGEST. 


21 


We have, in all, eleven trunk lines of railroad, giving us railroad 


facilities unsurpassed by any city south of the Ohio River. 


The corporate name, “City of Memphis,’ has been restored, 
and we are again in name, as in fact, a municipality, having all 
the powers to govern and protect a territory with a population 
of about 75,000 people, and an assessed taxable wealth of thirty- 


seven million dollars. 


INTRODUCTION TO FIFTH DIGEST. 


The present Digest embraces all legislation relating to the ~ 
city, and all ordinances passed and adopted down to and includ- 
ing June 1, 1898, the foot notes indicating changes since the 


last issue. 


Since the Digest of 1892, there has been a steady progress on 
all lines of improvement—a brief enumeration of which may 


be here noted. 


The enlargement and efficiency of the work in the Board of 
Health Department is especially noteworthy. The budget of 
1898 was increased to $100,000 to defray the expenses of this 
department. The result is that it has been enabled to exercise 
sanitary control, not only of the city proper, but to the extent 
of one mile beyond its limits, as authorized by the charter. The 
number of health inspectors has been increased from four to 
thirteen, including a Chief Inspector, thereby materially increas- 
ing the efficiency of the work of inspection. The city has been 
signally free from all contagious and infectious diseases, and, 


as Shown by mortuary statistics, it ranks among the healthiest. 


A Chemical and Bacteriological Department, with a completely 
equipped laboratory, in charge of an experienced scientist, has 
been established. This department has proven exceedingly serv- 
iceable in the prevention of the sale and use of unwholesome 


water, milk and unhealthy products. 


An isolated and elevated site on the bluff, eligibly located, has 
been purchased, and an emergency hospital permanently located 
thereon, to be used when occasion may require for the isolation 
and treatment of contagious and infectious diseases. Two Dixon 


crematories have been constructed, wherein is burned all of the 


INTRODUCTION TO FIFTH DIGEST. 


city garbage. This method of disposing of such material is rap- 
idly coming into favor among all of the cities—Memphis being 


among the first in its adoption. 


A new City Hospital, at a cost of $100,000, has been erected, 


modern in its construction and in all of its appointments. 


The work on the sewer system has been rapidly pushed in 
all directions, so that now it embraces not only the city, but 
many miles of sewers have been extended into the populous sub- 
urbs. In the beginning of 1897 the sewer work, which had be- 
gun in 1879, had become so extensive that mains were becoming 
overtaxed in capacity to discharge the flow from 64.81 completed 
miles of sewerage, since which time sixteen and one-half miles 
of additional sewers have been added, thus making seventy-one 
and one-half miles in all, of which seven and one-half miles have 
been located outside of the city limits. This extensive system 
necessitated the building of an immense additional 36-inch main, 
and a 26-inch main, traversing the southern part of the city. 
So it is, since the publication of the last Digest, the city has 
vigorously and extensively pushed forward this great work of 
sanitation, until now no city of its size in the Union can com- 


pare with it in this regard. 


Street improvements—grading and paving—have kept pace 


with the progress made on other lines. 


Of the fifty-four miles of pavement constructed, five and three- 
fourths miles are of vitrified brick on concrete foundation; three 
and forty-five hundredths are of granite blocks on a similar 
foundation; one and ninety-one hundredths miles are of cedar 
blocks; forty-eight hundredths miles are of vitrified brick gutters 
with macadam roadway; ten and fifty-six hundredths miles are 
of limestone block on gravel foundation; fifty-five hundredths 
miles are of novaculite; thirty-seven hundredths miles are of 


macadam; eighteen and ninety-three hundredths miles are of 


23 


24 


INTRODUCTION TO FIFTH DIGEST. 


stone gutters and gravel roadway; eleven and sixty-two hun- 
dredths miles are graveled streets, and seventy miles are of gran- 


ite curb. 


Street car service has continuously increased in mileage. The 
transfer system has been adopted—all rails have been removed 
and replaced with the best grade of street rail. Its lines now 


embrace seventy-five miles of travel. 


The Fire Department has been well equipped, and, through its 
efficiency, the percentage of fire loss has been remarkably low. 
Safety to life and property has been abundantly secured through 


the vigilance and activity of a judiciously appointed police force. 


The public schools have not been neglected. Year by year 
their number and the attendance upon them have increased, until 
now we have fourteen handsome and commodious buildings, cost- 
ing over $300,000, with an enrollment of 7,250 scholars. A high 
school building has been erected within the past year, at a cost 
of about $65,000. The educational advantages thus afforded are 


substantial and superior. 


By reason of all these salutary and progressive measures, the 
city has grown and prospered. Her mercantile trade has all the 
while been extending, and now, instead of being confined to the 
contiguous territory of Tennessee, Arkansas and Mississippi, it 
embraces portions of Texas, the Indian Territory, Missouri, Ken- 
tucky, Alabama and Georgia. Her lumber market, especially 
of hardwood, has become recognized as the largest of all the cities 
—her surrounding territory aifordine a seemingly inexhaustible 


supply, in quantity and variety. 


Her banking capital is adequate for the necessities of her man- 
ufacturing and mercantile interests, whilst the Clearing House 
statistics attest the magnitude of her commercial dealings—the 


past year indicating a marvelous increase over all former years. 


INTRODUCTION TO FIFTH DIGEST. 


The bank deposits during the past year show an increase of 
$1,380,660 over the previous year, and were larger than that 


of any other Southern city, from Richmond to Galveston, New 


Orleans alone excepted. 


The population of the city proper now numbers about 80,000, 
to which may be added at least 30,000 in her immediate suburbs 


—a considerable increase since the publication of the last Digest. 


June 1, 1898. 


25 


INTRODUCTION TO SIXTH (1902) DIGEST. 


This volume contains: 


First—The act approved January 31, 1879, establishing the Tax: 
ing District of Shelby County, as amended by subsequent legisla- 


tion enacted up to and including the session of 1901. 


Second—A table of all the acts of the General Assembly, passed 
since 1879, relating to the City of Memphis. 


Third—A Digest of all of the reported decisions of the State 
and Federal Courts since 1879, in cases to which the city was a 


party. 


Fourth—The charter of the Memphis city schools and the 


amendments thereto. 


Fifth—The general ordinances of the City of Memphis now in 


force. 


Sixth—The ordinances passed by the Legislative Council con- 
ferring privileges upon, or providing regulations for, the public 


utilities of companies. 


Seventh—A compilation of the more important contracts to 


which the city is a party. 


In comin and digesting the acts of the Legislature relating 
to the city, one main purpose has been kept steadily in view, 
namely, convenience of arrangement. All obselete matter has 
been eliminated, and nothing is included but the law now in 
force. The language of the various enactments has been fol- 
lowed as closely as possible, but all dispensable words have been 
left out, and the subjects have been arranged under appropriate 


\ 


heads, and in what was thought to be logical order. 


It was deemed highly important to make this Digest of our 


municipal laws clear and intelligible to all our citizens in order 


INTRODUCTION TO SIXTH DIGEST. 


that the laws of the city will be more generally read and better 


understood. 


A clearer understanding of the law should conduce to a fuller 


observance of it. 


The table of statutes and the index ‘digest of decisions will ena- 
ble the members of the bar to quickly find the law when a close 


and technical examination of a doubtful point is necessary. 


27 


PROCLAMATION. 


WHEREAS, On the 30th day of March, 1891, the General Assem: 
bly of the State of Tennessee passed an act which was approved 
March 30th, 1891, entitled “An act to amend the acts of the State 
of Tennessee,’ passed January 29th, 1879, and amendatory acts 
_ thereto, repealing charters of municipal corporations, etc., and, 
Whereas, said act of March 30th, 1891, provides that municipal 
corporations whose inhabitants were over 30,000 by the Federal 
census of 1870, and whose charters were repealed by the act of 
January 29th, 1879, and whose territory and inhabitants were 
organized under the name and style of the Taxing District “be, 
and the same are hereby, changed to the names such cities or 
municipalities had prior to the repeal of their respective char- 
ters,” and, Whereas, The Legislative Council of the Taxing Dis- 
trict of Shelby County, under and by virtue of said act, did, by 
resolution of date April 9th, 1891, resolve to change the name and 
style of this municipality from the “Taxing District” to the “‘City 


of Memphis.” 


Therefore, I, W. L. Clapp, President of the City of Memphis, do, 
by this proclamation, give notice of said change of name, to the 
respective departments of the city’s service, those persons em- 


ployed therein, and all others whom it may concern. 


In testimony whereof I have hereunto set my hand and caused 


the seal of the city to be affixed. 


Done at Memphis, Tennessee, this April 13th, 1891. 
W. L. CLApp, 
Attest: President of the City of Memphis. 
Henry J. LYNN, 
Secretary. 


REPEALING ACT. 


AN ACT to repeal the charters of certain municipal corporations, 
and to remand the territory and inhabitants thereof to the gov- 
ernment of the State, passed January 29, 1879, approved Jan- 


uary 31, 1879. Acts 1879, ch. 10, p. 13. 


Section 1. Be it enacted by the General Assembly of the State 
of Tennessee, That an act passed December 1, 1869, entitled, “An 
act to reduce the charter of the City of Memphis and the several! 
acts amendatory thereof into one act,’ being Chapter 26, of the 
private Acts of 1869 and 1870; also Chapter 47, of the public 
Acts of 1873, entitled, “An act to amend the charters of-all in- 
corporated towns and cities in the State,’ passed March 18, 1873; 
also an act entitled, “An act to incorporate the town of Mem- 
phis,” passed December 9, 1826; also an act entitled, “An act 
to extend the limits of the corporation of the town of Memphis, 
and for other purposes,’ passed October 19, 1832; also an act 
entitled, “‘An act to amend the several acts incorporating the 
town of Memphis,” passed December 7, 1843; also an act entitled, 
“An act to reduce the several acts incorporating the town of 
Memphis into one act, and to amend the same,” passed January 
11, 1848; also an act entitled, “An act to incorporate into one 
act the several acts incorporating the City of Memphis and the 
town of South Memphis,” passed January 6, 1846, and January 21, 
1848, and “to unite the said towns into one, and extend the 
boundaries thereof,’ passed December 3, 1849; also, the sixth sec- 
tion of an act entitled, “An act to amend an act entitled an act 
to incorporate the town of Tazwell,’ passed January 2, 1830, 
passed January 28, 1852; also an act entitled, “An act to amend 
the charter of the City of Memphis,’ passed February 29, 1856; 


also an act entitled, ‘““An act to amend the charter of the City 


Repealing vari- 
ous charters of 
City of Mem- 
phis. 


30 REPEALING ACT. 


of Memphis, and for other purposes,” passed February 20, 1860; 
also an act entitled, “An act to amend the charter of the City 
of Memphis,’ passed November 24, 1866; also an act passed in 
amendment of the foregoing acts; and also any other act creat- 
ing into a body politic and corporate the inhabitants of a certain 
territory lying within the County of Shelby, by the name of the 
City of Memphis, the Mayor and Aldermen of Memphis, or other 
corporate name whatever, or acts amending the said acts of in- 
corporation, be, and the same are hereby, each and every one 
Offices of them repealed, and all offices created and held under and hy 


abolished. 
virtue of any of said acts are abolished. 


All charters of Sec. 2. Be it further enacted, That the charters and amend- 
cities of 35,006 


Seo. ments thereof of all municipal corporations within the State, 


having a population of 35,000 inhabitants, or over, by the Fed- 


eral census of 1870, be, and the same are hereby, repealed, and 


Offices all municipal offices held under them are abolished. 
abolished. 
Charters of Sec. 3. -Be it further enacted, That the charters and amend- 


municipalities, é Ae 3 itt 4 

35,000 inhabi- ments thereof of all municipal corporations within this State 
tants or over, 

repealed, and having 35,000 inhabitants or over, at the date of the passage of 
offices abolished 
and Governor 
to declare. by 
proclamation 
to what cities Offices held thereunder are abolished. The Governor of the State 


act apples: 


this act, be, and the same are hereby, repealed, and all municipal 


will ascertain and declare, by proclamation, to what corporations 
this section applies; said proclamation shall be conclusive evi- 
dence of its truth, and shall be made within ten days from the 


passage of this act. 


Sec. 4. Be it further enacted, That all of the sections from 
Section 33 to Section 80, both inclusive, of an act entitled, “An 
act to regulate and organize municipal corporations of certain 
populations, and for ne increase and diminuation of their pow- 
ers,” Chapter 92, approved March 23, 1875, and all other acts 
and parts of acts in conflict with this act be, and the same are 
hereby, repealed; all the other sections of said Chapter 92, and 


especially Section 81 of said chapter, being left in full force: 


REPEALING ACT. 31 


and the populations within the territorial limits as now defined. 


and the territory of all municipal corporations heretofore gov- 


: % 4 Inhabitants 
erned under and by virtue of said repealed Sections 33 to 80, resolved back 


into the body 
inclusive, are hereby resolved back into the body of the State, and of the State. 


all offices held under and by virtue of said repealed sections are 


hereby abolished; and all power of taxation in any form what: (it o\eq 


ever, heretofore invested in or exercised by the authorities of 

said municipal corporations by virtue of any of the acts of in- 

corporation hereinbefore recited, or otherwise, is forever with- 

drawn, and reserved to the Legislature; and the public buildings, Power of taxa- 
tion withdrawn 

squares, promenades, wharfs, streets, alleys, parks, fire engines, fom them. 

hose and carriages, horses and wagons, engine houses, engineer 

intruments, and all other property, real and personal, hitherto 

used by such corporations for municipal purposes, are hereby 

transferred to the custody and control of the State, to remain Public property 


of, transferred 


public property as it has always been, for the uses to which said eae Ve 


purposes. 


property has been hitherto applied. And no person holding office 


under and by virtue of any of said repealed sections, or under No officer of 
extinct munici- 


any of the acts above recited, shall, from and after the passage yaad ee ex 


; | tions of. 
of this act, exercise, or attempt to exercise, any of the powers “°"> ° 


or functions of said office. 


Sec. 5. Be it further enacted, That this act take effect from 


and after its passage, the public welfare requiring it.* 


1 The constitutionality of this act is sustained by the Supreme Court—2 Lea 425. 


PROCLAMATION OF THE GOVERNOR. 


DECLARING TO WHAT MUNICIPAL CORPORATION THE 
FOREGOING ACT IS APPLICABLE. 


EXECUTIVE DEPARTMENT, 


NASHVILLE, TENN., January 31, 1879. 


Albert S. Marks, Governor of Tennessee, to all who shall see 


these Presents—Greeting: 


WHEREAS, An act has passed the General Assembly of the State 
of Tennessee, of date the 29th day of January, 1879, entitled, 
“An act to repeal the charter of certain municipal corporations, 
and to remand the territory and inhabitants thereof to the gov- 
ernment of the State,’ and it is made the duty of the Governor 
of the State by said act to ascertain and declare by proclamation’ 


to what corporations said act applies: 


Now, therefore, I, Albert S. Marks, Governor of the .State of 

Tennessee, do hereby make proclamation that I have ascertained 

and do hereby declare that the provisions of said act are applica- 

Act applies to ble to the City of Memphis, in the County of Shelby, alone, that 
Memphis alone. 


being the only municipal’ corporation within the State having . 


35,000 inhabitants or over, at the date of the passage of said act. 


In testimony whereof, I have hereunto set my hand and offi- 
cial signature, and have caused the great seal of the State to be 
affixed, at the department in Nashville, this 31st day of January, 


1879. 
ALBERT S. MARKS, 


CHAS. N. GIBBS, Governor of Tennessee. 


Secretary of State. 


PROCLAMATION OF THE GOVERNOR. 


33 


I, C. N. Gibbs, Secretary of State of the State of Tennessee, do 
certify that the foregoing is a copy of the proclamation of the 
Governor, the original of which is now of record in my office. 

In testimony whereof, I have hereunto subscribed my official 
‘signature: and, by order of the Governor, affixed the great 
seal of the State of Tennessee, at the department, in the city of 
Nashville, this 3lst day of January, A. D., 1879. 


CHAS. N. GIpss, 
Secretary of State. 


ACTS OF THE LEGISLATURE OF THE 
STATE OF TENNESSEE 


RELATING TO THE 


CITY OF MEMPHIS 


BEING 


CHAPTER 11, OF THE ACTS OF 1879, AND ALL 


AMENDATORY ACTS THEREOF. 


All sections herein not otherwise noted are from the original 
Taxing District Act, passed January 31, 1879, being Chapter 11 
of the Acts of 1879, and amendatory act of March 12, 1879, 
Chapter 84, Acts of 1879. 


4 vA 


CHARTER OF THE CITY OF MEMPHIS, 


ACTS OF THE LEGISLATURE,».’, 
RELATING TO THE CITY OF Mempuls, 


CHAPTER 1. 


ARTICLE 1. 7 
AN ACT to establish Taxing Districts in this State, and to pro- 
vide the means of local government for the same, approved 

January 31, 1879, and acts amendatory thereof. 

[Chapter 298, of the acts of 1909, commonly known as the 
“Commission Form of Government Act,” is set out separate in 
compiling the various acts of the Legislature affecting the charter 
of the City of Memphis. This act, however, vests in “The Board 
of Commissioners” all the powers and the right to discharge all 
of the duties vested in and imposed upon the present Board of 
Fire and Police Commissioners, Board of Public Works, and the 
Legislative Council, and such other duties and powers as are 
therein prescribed; hence, I have made foot notes to the various 
sections of the Taxing District Act and amendments, as are 
modified or changed by said Act of 1909, as a convenient refer- 
ence.—Compiler’s Note. |] 

Section 1. Be it enacted by the General Assembly of the State 
of Tennessee, That the several communities embraced in the ter- 
ritorial limits of the municipal corporations in this State as 
have been, or may have their charters abolished, or as may sur- 
render the same under the provisions of this act, are hereby cre- 
ated Taxing Districts, in order to provide the means of local 
government for the peace, safety and general welfare of such 


districts.’ 


1 Section 1 of Chapter 11, Acts of 1879. 


38 


CHARTER OF THE CITY OF MEMPHIS. 


Boundaries. 


Southern 
limits. 


Eastern limits. 


Sec. 2. Such Taxing Districts shall bear the name such cities 
or municipalities had prior to the repeal of their respective char- 


ters.” 


ARTICLE 2. 


| TERRITORIAL LIMITS. 
egg ).. Sevtion 1. Beginning on the line of midstream of the 
Mississippi Rivers a a point where the south line of the Speed- 
way, as Vaid off immediately east of Moore avenue if extended 
west would intersect said midstream line, and running thence 
east with the south line of the said Speedway (said Speedway 
being Known here as Kerr avenue), to the southeast corner of 
said Speedway and Victor avenue; thence east with the south 
line of said Speedway to a point where it turns north; thence 
north to the southeast intersection of said Speedway and Kerr 
avenue; thence east with the south line of Kerr avenue to the 
northeast corner of Calvary Cemetery; thence north to the south 
line of the Speedway (known here as Austin avenue); thence 
east with the south line of the Speedway to the southeast corner 
of said Speedway and Locke avenue; thence due east to the east 
line of Trezevant avenue; thence north to the east line of Treze- 
vant avenue to the south line of the Speedway; thence east with 
the south line of the Speedway to the east line of the Speedway; 
thence north following the east line of said Speedway (said 
Speedway being known as Travevant avenue) to the northeast 
corner of Trezevant and Summer avenue; thence north with the 
east line of Trezevant avenue to the Old Raleigh road (also 
known as Jackson avenue); thence west with the north line of 
the Old Raleigh road, or Jackson avenue, to a point where it 
intersects the west line of Springdale avenue; thence north with 


the west line of Springdale avenue to the northwest intersection 


2 Section 2 of Chapter 229, Acts 1891. (Under this act and by resolution of 
Legislative Council adopted April 9, 1891, name changed to ‘‘City of Memphis.’’) 


CHARTER OF THE CITY OF MEMPHIS. 


39 


of the said Springdale avenue and the right of way of the Louis- 
ville & Nashville Railroad; thence west to the northeast corner 
of the present city limits; thence westwardly on the north line 
of the present city limits (being the south line of Volentine ave- 
nue) to a point where the west line of Jones avenue, if pro- 
jected south, would intersect said north line of present city lim- 
its; thence north to the northwest intersection of Jones avenue 
and the New Raleigh road; thence west on a direct line to the 
southwest corner of Maple and Chestnut streets; thence west 
with the south line of Maple street to the southeast corner of 
Maple street and Thomas street; thence west on a direct line 
to midstream of Wolf River; thence southwardly with the mean- 
derings of the midstream line of Wolf River and Maingault 
Canal to the line of midstream of the Mississippi River; thence 
southwardly with the meanderings of the midstream line of the 


Mississippi River to the point of beginning.’ 


ARTICLE 3. 
POWERS OF THE LOCAL GOVERNMENT. 


(§ 4.) Section 1. The local government established by this 
act shall have power to establish workhouses and houses of cor- 
rection; to declare by local laws what acts shall be misdemean- 
ors, and when committed within the city to punish the offenders 
by fines and forfeitures, and by imprisonment and labor within 
and without the workhouse in default of payment of the fines 
imposed as punishment; to cause the arrest of all vagrants, 
tramps and drunken and disorderly persons within the city, and 
provide for the punishment of same in the manner above pro- 
vided; to prohibit, by fine, the introduction of paupers into the 
city by steamboats, railways and other carriers of persons; to 


regulate, control and suppress disorderly houses and houses of 


1 Boundaries enlarged by act February 28, 1890, and further enlarged by Acts of 
1899, Chapter 134, and further enlarged by Senate Bill 342, Acts of 1909, and takes 
effect September 1, 1909. 


Northern 
limits. 


Western 
limits. 


Workhouses. 


Misdemeanors. 


Vagrancy. 


Paupers. 


Disorderly 


houses. 


40 


CHARTER OF THE CITY OF MEMPHIS. 


Gaming 
houses. 


Sanitary 
laws. 


Quarantine 
laws. 


Hospitals. 


Soap factor- 
ies, slaugh- 


ter pens, ete. 


Construction 
of water 
closets. 


Sanitary 
inspector. 


Tenants’ lia- 
bility and re- 
course on 
landlord. 


ill-fame; to suppress’ gaming houses and to punish gaming by fine 
and imprisonment, and to arrest and confine for trial, or to take 
forfeit for the appearance at trial [of] all persons charged with 
offenses which are punished as misdemeanors by the laws of 
the State and the city... Said government shall have the power 
to pass all laws to preserve the health of the city, to define, 
prevent and remove nuisances within the city, and for a distance 
of one mile outside the same; to make quarantine laws and 
enforce the same within ten miles of the city, to prevent the 
introduction of contagious diseases into the city;* to establish 
and regulate hospitals in accordance with the present laws of - 
the State;* to prohibit the erection of soap factories or houses 
for curing green hides, or slaughter-pens or factories, and all 
houses of like character. [They shall have power to compel all 
owners, tenants or occupants of improved property in all in- 
stances necessary to good sanitation, to construct water closets, 
slop sinks, and other. sanitary appliances, and to connect the 
same with the water and sewer mains; to confer power on said 
municipality to appoint an inspector of all such work; provided, 
that whenever any tenant or occupant shall be required under 
any ordinance of the city to lay a pavement, make sewer connec: 
tion, or to do any other thing of which the city has the power 
to compel the performance, such tenant or occupant shall have 
a lien upon the property occupied for reimbursement, and 
reasonable attorney’s fees, if the primary obligation to do the 
Same was on the landlord, said lien to be enforced by attachment 
proceedings in any court of competent jurisdiction, and to date 
only from the commencement of such proceedings as against 
other lien creditors or assigns of the owner, and the tenant or 


occupant may, when so entitled under the general principles of 


1 By amendment, Chapter 251, Acts 1905, the words ‘‘regulate, control and’’ 
were stricken out. 


_2 The proviso, ‘‘All necessary judicial authority is hereby vested in the Presi- 
dent (Mayor) to try offenders,’’ etc., repealed. See Chapter 54, Acts 1907, Section 
86 to 40. 


3 See Acts 1898, Chapter 151, as to diseases. 
4 Act 1878, Chapter 16, hospital transferred to Memphis. 


CHARTER OF THE CITY OF MEMPHIS. 


41 


the law of set off, use such claim against his liability for rent]’, 
and it shall be their duty to condemn as nuisances all buildings, 
cisterns, weils, privies and other erections in the city, which, on 
inspection, shall be found to be unhealthy [unsanitary, or dan- 
gerous to persons or property ]*, and cause the same to be abated 
[or removed],* unless the owners thereof, at their own expense, 
upon notice, shall reconstruct the same in such manner as shall 
be prescribed by the laws of the city; and as to all buildings, 
cisterns, wells, privies, and other private improvements to be 
constructed in future, they shall have the power, and it shall 
be their duty, to have the same so constructed as not to interfere 
with the health [or safety of persons or property]|* within the 
city. They shall have the power, and it shall be their duty, to 
provide that the city is, from day to day, and every day, kept 
in.a clean and healthy condition, the yard and premises of every 
occupant of every dwelling, outhouse, office, store, shop, or other 
place of business, including the cellars and other places having 
unhealthy material, are cleaned, and so kept by such occupant 
every day at his own expense, and to prohibit by proper laws 
and penalties every such occupant from throwing or putting any 
trash or improper materials in the streets, alleys, or sidewalks, 
except for the purpose of removal; to require such occupant, 
daily, to deposit all unhealthy material in the street near by, in 
some suitable vessel, to be provided by the occupant at his 
or her own expense, to be carried off by the public carts and 
rendered harmless; to compel lot owners to make safe and proper 
sidewalks of brick, plank [stone, or granolith]* adjoining their 
lots; to designate and establish fire limits, within which wooden 
buildings shall not be erected; to prevent the erection [main- 
tenance or’ occupancy]? of buildings dangerous [to persons or 
property ]’, and to remove them when erected without their con- 


sent; to regulate the manner of building partition walls, para- 


pet walls, and partition fences; to regulate fireworks, stove- 


1 In brackets Act March 23, 1889, Chapter 163. 
2 In brackets Act March 28, 1889, Chapter 163. 
3 In brackets Act March 28, 1887, Chapter 233. 


Abatement 
of nuisances. 


Building reg- 
ulations. 


City to be 
kept clean. 


Refuse mat- 
ter—how dis- 
posed of. 


Sidewalks. 


Fire limits. 


Dangerous 
buildings. 


Partition 
walls, ete. 


42 


CHARTER OF THE CITY OF MEMPHIS. 


Flues, chim- 
neys, etc. 


Plumbing. 


Combustible 
articles. 


Landings 


and wharves, 


Inspection, 
weighing 
and gauging. 


Regulation 
of railroad 
tracks. 


Inspection of 


steam boilers. 


Regulation 
street car 

tracks and 
street cars. 


Forbidding 
digging of 
streets, etc. 


Regulate gas 
companies, 
-wells, cis- 
terns, etc. 


pipes and flues in all shops, kitchens and other like places; [to 
regulate and control plumbers and plumbing works, and to en- 
force efficiency of same]'; to regulate the keeping and storage 
of gunpowder, coal oil, and other combustible articles, and to 
prevent the same from being stored within the limits of the 
city, or within one mile of the same’. They shall have power 
to make, preserve and improve steamboat and flatboat landings, 
and all wharves within the city; to regulate the anchorage and 
mooring of boats and other water craft at landings in the city; 
and to prohibit or regulate wharfboats; to establish inspection 
laws for the inspection, weighing and measuring of all kinds 
of provisions, provender and fuel for man and beast, and to pro- 
vide for the gauging and inspection of all kinds of liquors and 
illuminating oils, but no charge shall be made for testing any 
measure, article or vessel for which a fee has once been paid 
to any officer acting under and by authority of this act, and 
having on said measure, article or vessel a stamp or brand of 
an inspection officer; to permit and regulate the laying of rail- 
road tracks of iron, and the passage of railroad cars through 
the city, and to remove such railroad track if it obstructs travel 
or does not conform to the laws of the city; [to regulate, con- 
trol and provide for the inspection of all steam boilers used 
in said municipality, including locomotive engines; to prevent 
the introduction of all such as are unsafe, and to appotnt an 
inspector of boilers, to be paid out of the salary account by 
the municipality; ]* to make all suitable and proper regulations 
in regard to the use of the streets for street cars, and to regulate 
the running of the same, so as to prevent injury or inconven- 
ience to the public; to forbid the opening and digging up of the 
[to 


regulate gas companies and price of gas and appoint gas inspec- 


streets by gas or water companies to the public detriment; 


tor; ]* to regulate wells, cisterns, 

1 Act March 23, 1889, Chapter 163. 

2 The proviso that sidewalks cannot be required to be laid unless street is 
graded, etc., stricken out by Act of 1881, Chapter 96, Section 24, p. 116, and there- 
fore not inserted. 

3 Act March 23, 1889, Chapter 91; also Senate Bill 455, Acts 1908. 


hydrants and fire plugs, and 


CHARTER OF THE CITY OF MEMPHIS. 


43 


to convey water into the city from the vicinity; [to build, own 
and maintain waterworks; |' to establish and regulate markets 
and market-houses; [to control and regulate the sale of fresh 
meat, whether on foot or killed, and to appoint an inspector 
for that purpose; ]? to make provisions for lighting streets, al- 
leys and other public places, in front of churches, jails and other 
public buildings in the city, and to erect all necessary public 
buildings; [to purchase, build and operate electric light plant 
and gas plant; |’? to repair, and keep in repair, streets,’ sidewalks 
and other public grounds and places in the city; to open and 
widen streets; to change the location [of], or to close same, and 
to lay off new streets and alleys when necessary; to have and 
exercise entire control over the streets and other public property 
of the city, as well that within, as that without the city; [to 
accept of any money or property for the purpose of any public 
or corporate use; |* [to dispose of and cancel double and illegal 


assessments of taxes assessed for, or in favor of, such city].° 


(S>.5.) Sec. 2. 


1879, Chapter 11, are vested with the power by ordinance 


Taxing Districts organized under the act of 
to 
regulate and control all gas and other companies furnishing light 
to the said district and their inhabitants by means of pipes, 
wires and other conductors, laid in and over the streets or side- 


walks of the said districts.°® 


Said districts shall have power to enact, by ordinance that the 
gas furnished as aforesaid to said districts and thein inhabitants, 
shall be of not less than sixteen candle power; that the same 
shall be as pure and free from deleterious and hurtful elements 
as practicable. And said districts shall have power by ordi- 


nance to regulate the rate to be charged for gas so furnished, 


1 See Act March 24, 1887, Chapter 147. 

2 See Act March 22, 1887, Chapter 64. 

3 See general act 4s to damages by change of 
1893, Chapter 41. 

4 See Act March 28, 1889, Chapter 163, Section 2. 

5 See Act March 24, 1891, Chapter 80. 

6 See Senate Bill 455, Acts 1908. Also Act of 


Also Chapter 172, Acts 1905. 
grade, Act 1891, Chapter 31; Act 


March 11, 1887, Chapter 91. 


Building water 
works, 


Markets— 
sale of fresh 
meat, 


Lighting 
streets. 


Ownership of 
electric and 
gas plant. 


Open, close 
and change 
streets, al- 
leys, etc. 


Accept prop- 
erty for pub- 
Ive’ use. 


Cancel dou- 
ble or illegal 
assessments. 


Control of 
lighting com- 
panies, 


Regulation 
of quality of 
gas. 


Regulation 
of price of 
gas. 


44 


Appointment — 


and duty of 


gas inspector. 


Power of tax- 


ation. 


Ownership 
of water- 
works. 


To compel 
the use of 
water fur- 
nished by 
city or pri- 
vate com- 
pany. 


Levy of 
sewer tax. 


Street com- 
missioner. 


Condemn 
waterworks 
plant. 


Acquire and 
maintain 
parks. 


CHARTER OF THE CITY OF MEMPHIS. 


but shall not regulate the price below one dollar and fifty cents 
per one thousand feet, when paid within the customary discount © 
days, with the right on the part of the said companies to add 


five per cent. thereto for non-payment within the discount days.’ 


(8>6.) 2 See. 3 


have power to appoint Gas Inspectors, whose compensation shall 


The Legislative Council of said districts shall 


be fixed by the Fire and Police Commissioners, and paid out 
of the lighting fund. It shall be the duty of such inspectors to 
see that the gas so furnished is of the quality and illuminating 
power prescribed by the ordinance; that the gas meters furnished 
properly measure the gas passing through them, and generally 


to perform such services aS may be imposed upon him by ordi- 


nance. (Acts 1887, Ch. 91.) 
(§$ 7.) Sec. 4. The Legislative Council is vested with full 


power to levy taxes’ for the support of the city; to build, pur- 
chase or acquire control of a system of waterworks for the bene- 
fit of the city and its inhabitants, and to issue bonds for this 
purpose, and to establish regulations for the operation and man- 
agement of such waterworks system; to compel the owners and 
occupants of the houses in the city to take and use for sanitary 
purposes the water furnished by any general water system, 
whether such water system is owned or operated by the city, 
or by a private company; to levy a special sewer tax, and to pro- 
vide for the payment and collection thereof; to fix the compen- 
sation, term and bond of the Street Commissioner, and prescribe 
his duties; to condemn the plant, franchises and property of any 


waterworks company, and provide means for paying therefor; 


_to acquire, improve and maintain parks for the benefit of the 


public [and to issue bonds]* to execute mortgages upon park 


lands and other public property to secure park bonds, and to 


1 See Senate Bill 455, Acts 1903. Also Act of March 11, 1887, Chapter 91. 


_ 2 Proviso of Act of 1879, Chapter 11, Section 2, “Necessary taxes for support of 
government to be imposed directly by General Assembly of the State,’’ ete., re- 
pealed. See Act April 1, 1898, Act of 1903 et al. 


3 Chapter 175, Acts 1909. 


CHARTER OF THE CITY OF MEMPHIS. 45 


establish sinking fund for the payment of said bonds; to levy oy 
Special im- 


a special improvement tax, and provide for the collection and ore 


use thereof; to erect statue in Forrest Park; to release taxes pone Park 
—Sstatue 1n. 


due for years prior to 1879. sa seed 
And the local government shall have power over all other 

affairs of the city in which the peace, safety or general welfare 

of the inhabitants is interested; [and the police power of said 


city shall extend to a distance of one mile from the corporate General po- 
: lice jurisdic- 

limits thereof, and all ordinances of said city of a general char- tion ee 
: ing one mile 


Fi ° beyond cor- 
acter, passed for the preservation of public peace, health and Braleclinite. 


safety, and all Sunday ordinances of said city shall have full 
force and effect for such distance of one mile beyond the corpo- 
rate limits, and the breaches of such ordinance within said dis- 
tance may be punished by arrest, fine and imprisonment, as if 


committed within the corporate limits].* 


(§ 8.) Sec. 5. The local government has the power and av: Regulate 


charges of 
thority to fix and regulate the scale of charges for the product public utility 
corporations. 


of service of all district telegraph companies, gas companies. 
electric light and power companies, street car companies, belt 
line companies and switching companies;* to buy land by sale 


or condemnation in order to erect levees, build and equip pump- mee Menis 


5 4 _ phis levee, 
ing stations, dams, etc., from the overflow and backwaters of ehecial tax. 


the Mississippi River and Bayou Gayoso,’® and authorizing a spe- 


cial tax levy for this purpose;* to pass, for the government Of Right to pass 
ordinancs. 
the city, any ordinance not in conflict with the Constitution or 


laws of the United States or of the State of Tennessee;* to deter- 


mine in what cases and to what extent ordinances shall be eis dite of 


published;* to close street or alley for city purposes;’ to convey Ce mks 


alleys to county in the square bounded by Adams, Second, Wash- #7oun’ Court 


Act of March, 1887, Chapter 59, Section 3. 
Senate Bill 455, Acts 1903. 

Chapter 556, Acts 1903. 

Chapter 557, Acts 1903. 

Act of 1905, Chapter 54, Section 21. 

6 Senate Bill 455, Acts 1903. 

7 Chapter 54, Acts 1905, Section 21. See Amendment Chapter 164, Acts 1905. 


Oe We 


46 CHARTER OF THE CITY OF MEMPHIS. 


Refunding ington and Third streets;* to issue refunding bonds;? to im- 
bonds to im- : 


prove streets. 
Front foot 
assessment. 


prove streets under what is commonly called the front foot as- 
sessment plan;*® to issue $1,000,000 of bonds for the purpose of 


Street improve-improving the streets, alleys and highways of the city of Mem- 
ment bonds. 


phis, and for building sewers in said city;* to issue $260,000 bonds 


police station for the purpose of erecting a police station and engine-house;’° 
ONS. ; 


to order the owner or owners of property, wherever it is neces- 


Lieiie sary to. have drains, ditches, or culverts opened or constructed 
through pri- 


vate property. through private property, to carry surface water according to 
the natural flow thereof, to construct proper ditches, or to lay 
drain pipes or culverts for the purposes aforesaid;® to levy a 
tax for the purpose of establishing a hospital for the treatment 


Communicable Of communicable diseases;‘ to issue $500,000 school bonds, in 
Disease 
Hospital. addition to bonds heretofore issued for the purpose of providing 


ways and means for the construction of school buildings and 


grounds and for improvements and repairs to school property.* 


ARTICLE 4. 
GOVERNING AGENCIES. 
(§$ 9.) Section 1. In administering the affairs, and for pro- 
viding the means of local government in said districts, the fol- 
lowing agencies and governing instrumentalities are hereby es- 


tablished: (a) 


by First—A Board of Fire and Police Commissioners, consisting 
Board of Fire 


and reuse. of the Mayor, the Vice-Mayor and three’ other Commissioners, to 
ers. 
be elected and qualified in manner hereinafter provided. (a) 


pene Second—A committee on ordinances or local laws, to be known 
Legislative 


Gaon as the “Legislative Council of the City,” and which shall consist 


Chapter 311, Acts 1907. 
Chapter 246, Acts 1907. 
Chapter 341, Acts of 1907, and Amendment Senate Bill 282, Acts 1909. 
Chapter 587, Acts of 1909. 
Chapter 356, Acts of 1909. 
Chapter 480, Acts of 1909. 
Chapter 374, Acts of 1909. 
Chapter 238, Acts of 1909. 
Amendment (increasing Board to five members) passed February 3, 1905, 
Chapter 54. 

a Chapter 298, Acts 1909, provides for five Commissioners to exercise all the 
powers imposed upon the Fire and Police Commissioners and Board of Public 
Works. See Section 3. 


OMIA WNH 


CHARTER OF THE CITY OF MEMPHIS. 47 


of the Commissioners of the Fire and Police Board and the Su- 


pervisors of the Board of Public Works. (a) 


Third—A Board of Health, to consist of the Chief of Police, Board of 
Health. 
a health officer and one physician, who shall be ex-officio Presi- 
dent of the Board. 
Fourth—A Board of Public Works, to consist of ten’ Super- posrq of Pub- 


’ ; lic Works. 
visors of Public Works.’ (a) 


ARTICLE 5. 


LEGISLATIVE DEPARTMENT. 
OFFICERS, ELECTION, QUALIFICATION, BONDS, OFFICIAL TERMS, REMOVAL, 


VACANCIES, POWERS, DUTIES, ETC. 


(§ 10.) Section 1. The Legislative Department of the City 
of Memphis shall consist of two separate and distinct Boards 
(the Board of Fire and Police Commissioners consisting of five 
members, and the Board of Public Works consisting of ten mem- 
bers) of equal law-making power, which shall sit separately, 
known as and called the Legislative Council, as herein provided.’ ie 
No person shall be eligible to a seat in either Board of the Leg- 
islative Council who has not resided five years in the City of 
Memphis, next preceding his election, or who is not a citizen 
of the United States, or who holds any office or agency under 
the City of Memphis, County of Shelby, or State of Tennessee, 
and shall be a freeholder and not in arrears for taxes. (Ch. 54, 
Acts 1905, Sec. 16.) 

(§ 11.) Sec. 2. Be it further enacted, That the next regular 


Election. 
election by the people to fill municipal offices shall take place 


a Chapter 298, Acts 1909, provides for five Commissione!s to exercise all the powers 
imposed upon the hire and Police Commissioners and Board of Public Works. See 
Section 3. 

1 Amendment (increasing Board to ten members) passed, Chapter 54, Acts 1905. 

2 Chapter 298, Acts 1909 (take effect January 1, 1910) provides for ‘‘Board of 
Commissioners,’’ to consist of five members, one of whom shall be the Mayor, who 
are delegated all the powers vested in the Legislative Council. See Sections 1 to 3. 


CHARTER OF THE CITY OF MEMPHIS. 


Voters— 
qualifica- 
tions of. 


Proof of pay- 
ment of poll 
tax, or other 
tax, or other 
requirement 

of law—how 
shown. 


on the first Thursday after the first Monday in November, 1905, 
and biannually thereafter at the corresponding time for the same 
purpose. At the next regular municipal election, on the first 
Thursday after the first Monday in November, 1905, as herein- 
after provided, a Mayor and three members of the Fire and 
Police Commissioners, and six members of the Board of Public 
Works shall be elected, for a term of four years, and until their 
successors have been elected and qualified by the qualified voters 
of the city, and such newly elected officials shall be sworn into 
office on the first Monday following the first Thursday after their 
election,? and one Fire and Police Commissioner and four mem- 
bers of the Board of Public Works shall be elected on the first 
Thursday after the first Monday in November, 1907, to serve 
terms of four years each. Their successors shall likewise he 
elected to serve terms of four years each. (Ch. 11, Acts 1879, 
and Ch. 95, Acts 1893, as amended by Secs. 6 and 64, Ch. 54, 
Acts 1905.) 


(§: 12.) °See.*3) Sin“allmuni¢ermpat elections held in said city 
the voters thereat must have all the qualifications necessary to 
entitle them, respectively, to vote for members of the General 
Assembly of the State of Tennessee; and, in addition thereto, 
must have resided for six months next preceding the date of 


such election in said city. 


All general provisions of law now in force, or hereafter to be 
enacted, touching the manner in which the fact of payment of 
poll tax, as provided, shall be evidence to the judges and officers 
holding said elections, imposing penalties for the violation of 
the laws, requiring the payment of poll tax as a prerequisite to 


the right to vote, and in other respects regulating the subject 


2 Section 2 of Chapter 298, Acts 1909 (hereinafter set out) creates Board of Fire 
Commissioners. The first Board to consist of four members of present Council, 
whose terms expire in November, 1911 (extended December 31, 1911) and a Mayor to 
be elected on the first Thursday after the first Monday, for same period. There- 
after all members to be elected for a term of four vears. - 


CHARTER OF THE CITY OF MEMPHIS. 49 


aforesaid so far as applicable and appropriate, shall be applicable 


to all municipal elections held in said city.’ 


(§ 13.) See. 4. No person shall be elected or appointed a Qualifica 
2 tions of mem- 
member of the Board of Fire and Police Commissioners, or mbes Pe nee of 
lre W o11ce 
Commission- 
ers and 
: Board of 
a resident voter and taxpayer of the city for not less than five Public 
Works. 
years preceding his election, or appointment, or unless he shall! 


member of the Board of Public Works, unless he shall have been 


have resided during the five years preceding his election or ap- 
pointment in territory that has been annexed to, and at the time 
of such election or appointment, forms a part of, the city, but 
it shall not be necessary for the territory in which such person 
resides to have been annexed for five years. Nothing herein 
contained shall render any person ineligible to the office of Fire 
and Police Commissioner of the city who has resided for five 
years preceding his election or appointment in any territory that 
has at any time been annexed to the city, whether such annexa- 
tion has been repealed or is held invalid or in force, and who 
possesses all the other qualifications required by law; it being 
intended that any person otherwise qualified may be elected Fire 
and Police Commissioner who has resided for five years preceding 
his election or appointment in the city, or in territory that is, 
or at any time has been, annexed thereto. (Sec. 5, Ch. 11, Acts 


1879, as amended by Ch. 74, Acts 1893, and Ch. 54, Acts 1905.) 


(§ 14.) Sec. 5. It shall be a felony for any member of the 


Felony for 
4 é ; . , ; : member of 
Legislative Council to become interested, directly or indirectly, Council to 


become inter- 
nearly or remotely, in any contract of any kind made_in behalf ested in con- 


of the city, and upon conviction, the guilty party shall suffer Wale of ity 
imprisonment in the State penitentiary, at hard labor, for not 
less than five nor more than ten years, and shall be forever ren- 
dered infamous and ineligible to any office of honor or profit 
in this State. (Sec. 7, Ch. 11, Acts 1879, as amended. See Ch. 


95, Acts 1903.) 


1 Section 3 passed March 17, 1897. 


50 


CHARTER OF THE CITY OF MEMPHIS. 


Who eligi- 
ble to 
member- 
ship. 


Seat vacated 
—when. 


Each Board 
judge of 

_ election 
and qual- 
ification of 
members. 


(§ 15.) Sec. 6. No person can become a member of either 
Board of the Legislative Council who is interested, directly or 
indirectly, nearly or remotely, in any contract with the City of 
Memphis, or who holds an office of trust or salary in any cor- 
poration which holds any contract with the city, the terms, rates 
or prices whereof are subject to modification or enforcement by 
said Legislative Council; and no collector or keeper of any money 
for the city shall be eligible to a seat in either Board until he 
has settled with the city and obtained a discharge in full. Nor 
shall any meniber of the Legislative Council take any interest 
whatever, in any form, manner or shape, whether directly or in- 
directly, in any contract with the City of Memphis, or be the 
beneficiary of any contract, either in labor or work, or for goods 
or supplies of any kind furnished. If, after election, any member 
of said Council shall remove outside of the city, or become 2 
candidate for or accept any office or agency, the holding of which 
would render him ineligible, or should become interested, directly 
or indirectly, in any contract with said city, his seat shall thereby 
be vacated, and the vacancy shall be supplied as hereinafter di- 
rected, and such contract shall be null and void. Should any 
member of the Legislative Council be a stockholder in any 
corporation, he shall not vote on any question, directly or indi- 
rectly, affecting any contract with the corporation in which he 


is a stockholder.t. (Ch. 54, Acts 1905, Sec. 17.) 


(§ 16.) Sec. 7. Each Board shall be the judge of the quali- 
fications, election and returns of its members, and shall prescribe 
rules for the determination of contested elections. Each Board 
may determine the rules for its procedure, and many prescribe 
the punishment of its members for non-attendance or disorderly 
conduct, and shall have power to enforce the same; two-thirds 


of its members concurring may expel a member for improper 


1 The qualifications of the Board of Commissioners are the same as now 
required by law; provided, no person shall be ineligible to the office of Mayor 
because of having heretofore held said office. 


CHARTER OF THE CITY OF MEMPHIS. 


conduct while in office. It shall require a majority of the mem- 
bers of each Board to form a quorum for the transaction of busi- 
ness, but a smaller number may adjourn from day to nay, and can 
adopt such measures as are necessary to compel the attendance 


of absent members. (Ch. 54, Acts 1905, Sec. 18.) 


(§ 17.) Sec. 8. Each of the said Boards composing the Leg: Qualification 


islative Council shall meet on the first Thursday after the first 
Monday following their election and be qualified, and enter upon 
the discharge of their duties. The Chairman of the Board of 
Fublic Works shall serve for a term of one year, and shall 
receive no compensation as such Chairman except his salary 


as a member of the Board. 


He shall be entitled to a vote on all questions coming before 
the Board, and in his absence a pro tem. Chairman for that 


meeting shall be chosen from the members thereof present. All 


vacancies in either Board shall be filled by the Board for the vacancies in 


unexpired term, but no action in such matters shall be taken 


except at a regular meeting.t (Ch. 54, Acts 1905, Sec. 19.) 


(§ 18.) Sec. 9. The time of the meeting for said two Boards 
shall be on the first Thursday after the first Monday of each 
month, at such place and hour as may be designated by ordi- 
nance. Whenever such places of meeting shall be fixed and 
adopted by said Boards they shall not be changed except by an 
ordinance passed by the two-thirds vote of each Board at a regu- 
lar meeting. Special meetings of the Legislative Council may 
be held at any time upon the call of the Mayor, or the call, 
regularly signed, by the majority of the members of each Board. 
Members of the Legislative Council shall be exempt from jury 


or military service.2 (Ch. 54, Acts 1905, Sec. 20.) 


1 Board of Public Works abolished by Act of 1909, Section 4, Chapter 298. 
2 Regular meetings of Board of Commissioners every Tuesday at 2:30 o’clock 
p. m., and such special meetings as may be called. See Section 19, Acts 1909, 
Chapter 298. 


of members. 


51 


Council—how 


filled. 


Regular 
meeting. 


52 


CHARTER OF THE CITY OF MEMPHIS. 


Powers of 
Council. 


Fines, 


ete. 


(§ 19.) Sec. 10. The Legislative Council shall have power to 
pass, for the government of the city, any ordinance not in con- 
flict with the Constitution or laws of the United States or of 
the State of Tennessee; Provided, however, that no ordinance 
shall be valid unless it shall have been read in full and passed 
on two’* separate readings before each Board on different days, 
by a vote of a majority of the members thereof, after an oppor- 
tunity for free discussion thereof No ordinance shall be valid 
if passed on final reading by both Boards on the same day, or > 
if it shall embrace more than one subject, that subject to be 
expressed in its title. All ordinances shall be published as now 
required by law. 

But the Legislative Council shall have no power to close a 
street or alley except for city purposes. [Provided, however, 
that when a railroad terminal corporation shall have been formed 
for the purpose of erecting and operating in the City of Memphis, 
an Union Passenger Station for the use of railroads entering 
said city, and shall, in good faith, undertake the erection of such 
a station, then the Legislative Council shall have power to close 
and convey to said terminal corporation such streets and alleys 
as it may be necessary to close in order to provide a site for 
said station, and the sheds, tracks, yards, round-houses, machine 
shops, switches, crossovers, turnouts, and other terminal facili- 
ties, appurtenances and accommodations suitable in size and 
location to the prompt and efficient receiving and transferring 
of passengers and baggage of the railroads using said station; 
and, provided further, that Se of property abutting on 
streets and alleys which are closed for the purpose aforesaid 


shall receive just compensation for any damages to their prop- 
erty caused by the closing of said streets and alleys. ]* 


(§ 20.) Sec. 11. The Legislative Council shall have the power 
by ordinance to impose fines not exceeding fifty dollars for the 


38 Under the commission form of government ordinances must be passed at three 
regular meetings; must be published day preceding each meeting and for one 
week after final passage. See Section 44, also Section 40, Chapter 298, Acts 1909. 

1 The paragraph in brackets amendment passed April 3, 1905, Chapter 164, Acts 
1905. Balance of section Acts of 1905, Chapter 54. 


CHARTER OF THE CITY OF MEMPHIS. 


violation of any ordinance. All ordinances now in force and 
not in conflict with this act are continued in force, but the Leg- 
islative Council shall have power to amend or repeal any of 


them by ordinance. (Ch. 54, Acts 1905, Sec. 22.) 


(§ 21.) Sec. 12. The members of the Legislative Council 
shall receive as compensation' for their services the sum of 
ten dollars for each regular, special or call meeting they attend, 
upon certificates of attendance signed by the Register, and they 
shall fix the manner of transacting and conducting the business 
of one Board with another, and the manner of transmitting mat- 
ters of business from one Board to another, and to the Mayor and 
other city officers. One Board shall not adjourn for a longer 
time than twenty-four hours without the consent of the other 
after they meet in regular session, and both Boards shall have 


their meeting at the same time. (Ch. 54, Acts 1905, Sec. 22.) 


(§ 22.) Sec. 13. When any ordinance or joint resolution shal} 
have passed its second reading in either Board, it shall be trans- 
mitted by the Register to the other Board in open session, with 
the official indorsement of the fact of such passage by the Chair 
man of the Board in which it originated. If said other Board 
shall pass such resolution or ordinance without amendment on 
two readings, the Chairman thereof shall immediately sign it 
and cause it to be returned to the Board in which it originated, 
whereupon, being returned in open session, it shall immediately 
be signed by the Chairman thereof. It shall thereupon be de- 
livered to the Register, whose duty is to copy it, together with 
the signatures of ‘the Chairman of both Boards, in a book to 
be kept for that purpose, and then, after it shall have been 
compared and found correct by the Committee on Enrolled Bills 
of both Boards, to transmit it to the Mayor, noting on it the day 


of delivery to the Mayor. But if, after passing one Board, such 


1 Compensation of Commissioners under the commission form of government: 
Mayor $6,000 and other members $3,000 per annum, payable monthly. See Section 7, 
Chapter 298, Acts 1909. 


Compensa- 
tion of 
Council. 


Passage of 
ordinances. 


of 


54 


Disburse- 
ments— 
how made. 


{ 
, ; 
CHARTER OF THE CITY OF MEMPHIS. 


resolution or ordinance shall be amended and then passed in 
the other, the ordinance or resolution so amended and passed 
shall be transmitted to the Register, with the official indorse- 
ment of the Chairman of said Board of the fact of such amend- 
ment, to the Board in which it originated for concurrence. If 
said latter Board shall concur in the amendment, resolution or 
ordinance, it shall be signed, copied and transmitted to the 
Mayor, as above provided. If, however, said Board shall refuse 
to concur in the amendments, or any of them, the Chairman ot 
each Board shall immediately appoint a Conference Committee, 
and when such committee shall make a report, and the same 
shall be adopted by both Boards, the Register shall make 4a 
copy of the resolutions or ordinances as amended or adopted, 
and the same, after having been’ compared and found correct 
by the Committee on Enrolled Bills of each Board, shall be 
signed, copied and transmitted to the Mayor, as above provided. 
The signing of all ordinances and resolutions by the Chairman 
of either Board shall be done in open session, and the fact noted 
on the minutes. When a resolution or ordinance shall have been 
approved or disapproved, it shall be announced in open session 
of the Board in which the measure originated and noted on the 
minutes. The fact and date of such approval or disapproval shall 
also be entered by the Register in the hook in which such reso- 
lution or ordinance shall have been recorded, as hereinbefore 
provided. The resolution or ordinance, signed by the Chairman 
of the Board of Public Works and the Mayor, and countersigned 
by the Register and Mayor, shall be kept by the Register as a 
part of the record of his office.t (Ch. 54, Acts 1905, Sec. 24.) 


(§ 23.) Sec. 14. The Legislative Council shall elect all city 
officers whose election is not otherwise herein provided for.2 (Ch. 


54, Acts 1905, Sec. 26.) 


1 For passage of ordinances under commission form of government see Chapter 
298, Acts 1909, Sections 40 and 44. 

2 Election of officers under commission government, their term, salary, ete. See 
Chapter 298, Acts 1909, Section 9 


CHARTER OF THE CITY OF MEMPHIS. 


(§ 24.) Sec. 15. The Legislative Council shall have no power 
through any committees or otherwise to superintend, control or 
direct the expenditure of funds appropriated by it for any pur- 
pose whatever, or to approve warrants for the paying out of the 
same. Whenever an appropriation shall be made for any pur- 
pose not coming strictly under the control of any particular 
office or board in the Executive Department of the government, 
the ordinance making the appropriation shall direct under whose 
control it shall be expended; Provided, that in every case such 
expenditure shall be made under the direction of the Mayor, or 
the Fire and Police Commission, or as the Legislative Council 
shall deem best. But no contract amounting to over $500.00 
shall be awarded or let until after proper advertisement. (a) 


(Ch. 54, Acts 1905, Sec. 26.) 


(§ 25.) Sec. 16. In fixing the annual tax rate the ordinance Tax rates— 
purposes 


shall designate what proportion of the total rate is levied for the re 
Police Department, for the Fire Department, for streets, for 
sewers, for school purposes, for lights, for official salaries, for 
judgments and costs, for interest and sinking ‘fund, for claims, 
for health and hospitals, for rent, for water for public buildings, 
for the Park Commission, for general and miscellaneous purposes, 
and for any other specific purpose for which a tax may be 
lawfully levied for the ensuing year. And the annual appro- 
priation ordinance shall apportion the tax to be derived there- 
from accordingly. It shall not be obligatory upon the Legisla- 
tive Council to make a levy and appropriation for all the pur- 
poses above enumerated, but only for such thereof as may be 
necessary, in its judgment. It shall not be lawful to use any 
funds appropriated to one purpose for any other, unless the 


same shall have been previously directed by ordinance. 


In making appropriations for the various departments, the 


Legislative Council shall not be bound by the estimate submitted 


a For disbursements under commission government see Chapter 298, Acts 1909, 
Sections 37, 38 and 39. 


56 


CHARTER OF THE CITY OF MEMPHIS. 


Franchises. 


Franchises. 


by the officer or Board in charge of such department, but shall 


appropriate only so much as they shall deem necessary. (b) 


It shall not be lawful to expend in any year a greater amount 
in any department than shall have been appropriated for that 


department. (c) (Ch. 54, Acts 1905, Sec. 27.) 


(§ 26.) See. 17. The Legislative Council shall have charge 
and control of the giving, granting and selling of all franchises, 
special privileges to individuals, firms or corporations, and no 
such franchise or privilege shall be bestowed or sold except by 
a two-thirds vote of the members of each Board of the Legis- 
lative Council, nor for any period of time exceeding thirty years, 


and the approval of the Mayor. (d) 


[Provided, however, that nothing in this section, limiting the 
time for which a franchise may be granted, shall apply to any 
franchise which may be granted to a railroad terminal corpora- 
tion organized for the ‘purpose of constructing and operating 
an union passenger station within said city.]* (Ch. 54, Acts 


1905, Sec. 28.) 


(§$ 27.) Sec. 18. No franchise shall be granted or sold to 
any commercial railroad, street railroad, gas company, electric 
light company, water company, or other quasi-public corpora- 
tion, except by ordinance fully guarding and protecting the 
rights of the public. Nor shall such ordinance become effective 
until it is’ first submitted to and approved by a majority of the 
citizens voting either at some general or special election upon 
the question; Provided such submission be demanded by petition 
of at least five hundred freeholders of the city and presented 
to the Legislative Council before the passage of said ordinance, 


or within thirty days thereafter; provided further, that no such 


b For tax rate and budget under commission government see Chapter 298, Acts 
1909, Sections 45, 46 and 47. 

c Repealed. See Chapter 298, Section 45, Acts of April 24, 1909. 

d Granting of franchises. See Acts 1909, Section 40, Chapter 298. 

2 Paragraph in brackets passed April 3, 1905, Chapter 164, Acts of 1905. 


CHARTER OF THE CITY OF MEMPHIS. 


57 


ordinance shall become effective until thirty days after it has 
passed both Boards and been signed by the Mayor; and, pro- 
vided further, that no second election for the same purpose shall 
be held within twelve months from the first election; and, pro- 
vided further, that no such contract shall be made by ordinance 
or become effective until signed by a majority of the members 


of each Board. 


[Provided, however, that it shall not be necessary to submit 
to a vote of the people any franchise granted to a railroad termi- 
nal corporation organized for the purpose of erecting and operat- 
ing within the City of Memphis an union passenger station, and 
that so much of said Section 29 as is contained in the second 
sentence thereof, beginning “‘Nor shall such ordinance become 
effective,” etc., and running through to the end of the section, 
“shall not apply to any franchise granted. to a railroad termina] 
corporation organized for the purpose aforesiad.”’]* (Ch. 54, Acts 
1905, Sec. 29.) 


(Respecting the powers and duties of the Council in the matter 
of advertising for, opening bids, and awarding contracts, see 
post Article 6, “Fire and Police Commissioners” and under the 


sub-head ‘‘Contracts.’’) 


(§ 28.) Sec. 19. The Legislative Council shall elect by a 
majority vote once each year, at such times as they may deem 
best, not more than three persons, who are competent, reliable, 
expert bookkeepers, apt accountants, or some bonded credit com- 
pany, who shall make a full examination, without notice, of all 
the books, accounts and financial dealings and affairs of any 
and all the officers of the city government and Board thereof, 
and also of the money, securities and property belonging to the 
city, or in possession or charge of any officer of the Board. (a) 
(Ch. 54, Acts 1905, Sec. 30.) 


1 Paragraph in brackets amendment of April 3, 1905, Chapter 164. 


a Under commission government Chapter 298, Acts 1909, Section 14, provides 
for Department of Accounts, Finance, Revenue, etc, 


Contracts. 


Examination of 
accounts of 
departments. 


CHARTER OF THE CITY OF MEMPHIS. 


— 


Officers not to 
contract or 
purchase ma- 
terial from 
relatives. 


Power to re- 
move mem- 
bers and 
causes of re- 
moval. 


Appropria- 
tion of delin- 
quent taxes. 


(§ 29.) Sec. 20. No officer, agent or employe of the city 
government shall pass upon, supervise or control any work for. 
the city, or purchase or contract for any kind of material for 
the city, with a person or persons who are related by blood or 
marriage within the sixth degree, as computed by common law. 


(Ch. 54, Acts 1905, Sec. 31.) 


(§ 30.) Sec. 21. The Legislative Council shal have power to 
remove either of said Commissioners, or either member of the 
Board of Public Works, for malfeasance or misfeasance in office, 
or habitual drunkenness, or grossly immoral conduct. In case 
of permanent physical or mental incapacity to serve, or removal 
from the city without the consent of the Legislative Council, 
the said Legislative Council shall declare said office vacant. (a) 
[Two-thirds of all the members concurring may expel a member 


for improper conduct while in office.]* 


(§ 31.) Sec. 22. The Legislative Council is authorized to 
appropriate all delinquent taxes (except school, interest and 
sinking fund taxes), against which no demands are outstanding, 
and the purposes of which have been fulfilled and satisfied, to 
any proper corporate purposes; said Legislative Council may, at 
the end of each calendar year thereafter, declare all such delin- 
quent taxes, with the exception aforesaid, a surplus fund, and 
direct that the same, as collected, be carried in bulk into the sur- 
plus account, subject to appropriation by said Legislative Coun- 
cil, to pay any proper claim against the municipality, or for any 


other municipal purpose. 


(§ 32.) Sec. 23. Whenever the improvements on real: prop- 


erty, or whenever personal property in the City of Memphis shall 


a Under Senate Bill 63, Section 1, Acts 1909 (known as the Recall Bill), the 
holder of any elective office’ may be removed by vote of majority of qualified 
electors, etc. (Act set out in full hereinafter.) 

1 In brackets, Chapter 54, Acts 1905; balance Chapter 11, Acts 1879, as amended 
by, Chapter 163, Acts of 1889. 

2 Amendment Chapter 224, Acts 1897. 


CHARTER OF THE CITY OF MEMPHIS. 


59 


be assessed for taxes, avd shall after such assessment, and be- 
fore the 15th of January of the next succeeding year, be de- 
stroyed wholly or partially by fire, or otherwise, the Legislative 
Council of said city shall have power to reduce the assessment 
to the actual value of the property on said 15th day of January, 
the whole value of the property to be taken as conclusively de- 
termined by the last preceding assessment, and the reduction 
to be of such proportion thereof as may have been destroyed by 
the fire, or otherwise. All laws and parts of laws, and especially 
Section 3, Chapter 84, of the Acts of 1879, insofar as the same 


conflict herewith, be and the same are hereby repealed.’ 


(§ 33.) Sec. 24. The Legislative Council of the City of Mem- 
phis is hereby authorized and empowered to cause an accurate 
census of said city to be taken by a competent and reliable party, 
with such assistance as may, in the judgment of the said Coun- 
cil, be required, who shall first take and subscribe to an oath 
to faithfully and honestly discharge the duties to which they 
may be assigned under this act. The form of said oath and de- 
tailed regulations for taking said census to be prescribed by 
ordinance of said city. That after the census returns shall be 
received, examined and approved by the Legislative Council, it 
shall be the duty of the Secretary of said Council to send to the 
Secretary of State a certificate under the official seal of said 
city, showing the number of inhabitants of the said city of Mem- 
phis, made under authority of this act. That the expense of 
taking such census be paid by the City of Memphis, and when 
the same shali be certified as aforesaid, to the Secretary of State, 
it shall be recognized as the official State census of said city 
until a new census of said city shall be taken by or under the 


authority of the State government. 


(§ 34.) Sec. 25. The Legislative Council of such Taxing 


District is hereby vested with power and authority to fix and 


1 Amendment Chapter 274, Acts 1897. 


Reduction of 
assessment 
when im- 
provements 
destroyed be- 
fore Jan. 15. 


Census. 


60 


Regulate 
charges of 
telegraph, 

gas, electric 
light and power. 
street car, 

Belt Line, 
switching 
charges, etc. 


Publication 
of ordinances. 


City Engi- 
neer. 


Lands on 
river front. 


Fire and Po- 
lice Commis- 
sioners, qualifi 
cations, and 

term of office. 


CHARTER OF THE CITY OF MEMPHIS. 


regulate from time to time, within reasonable limits, the scale 
of charges for the product or service of all district telegraph 
companies, gas companies, electric light and power companies, 
street car companies, belt line companies, switching companies, 
now or hereafter aici or operating any rights or privileges 
to use or occupy any of the streets, alleys or public grounds 
within the territory of such Taxing Districts. (Senate Bill 455, 
Acts 1903.) 


(§ 35.) Sec. 26. That the Legislative Council of such Taxing 
District be, and the same is hereby, empowered and authorized 
to determine in what cases, and to what extent, any of the ordi-: 
nances passed by said Council shall be published, provided that 
all of said ordinances are published at least once, soon after 


the passage of the same. (a) (Senate Bill 455, Acts 1903. ) 


(§ 36.) See. 27. The Legislative Council shall elect a City 
Engineer at a salary not in excess of $3,600 a year, which shall 
be paid in monthly installments by the city. ~ (Ch. 54, “Acts 
1905:)* 


(§ 37.) Sec. 28. The Legislative Council shall have no right 
or power to grant, lease or sell any lands on the river front 
between the low water line and a line extending along the east 
line of Front street on the east from the northern limits of the 
city on the north to the southern limits of the city on the south.. 
(Ch. 54, Acts 1905.) 


ARTICLE 6. 
FIRE AND POLICE COMMISSIONERS. 
(§ 38.) Section 1. The Board of Fire and Police Commission- 
ers shall consist of five? Commissioners, who shall be at least 
thirty years of age, residents of the county at least five years 


before their appointment and election, and taxpayers of the city. 


a Under commission government ordinances must be published the day preced- 
ing: each passage, and daily for at least one week afterwards. See Section 44, Chap- 
ter 298, Acts 1909, hereinafter set out. 

1 This section is an amendment to Chapter 103, Acts 1893. 
2 Amendment, Chapter: 54, Acts 1905, Section 1. 


CHARTER OF THE CITY OF MEMPHIS. 


61 


They shall hold their office for a term of four years. The Mayor 
and Vice-Mayor to be Commissioners and members of said Board. 
[The Mayor shall be Chairman ez officio of the said Board. Ali 
the powers and duties now conferred by law upon the Mayor, 
Fire and Police Commissioners are hereby devolved upon the 
Fire and Police Commission, except as otherwise provided in 
this act, and, in addition, said Board shall exercise all the pow- 
ers and discharge all the duties conferred by this act.]* (Sec. 5 


of Ch. 11, Acts 1879, as amended.) 


(§ 39) Sec. 2. Each of the Commissioners shall receive a Compensation. 


salary of $500* per annum. After the expiration of the term 
of the Board of Commissioners first elected, their successors shall 


be elected by the qualified voters of the city. Election of. 


All vacancies in the Board shall be filled by the Board for the Nacge tee 
1OW ed. 
unexpired term, but no action in such matters shall be taken 


except at a regular meeting.* (Ch. 54, Acts 1905, Sec. 19.) 


Said Commissioners shall establish rules for their own gov- Meetings. 
ernment, and shall hold stated meetings for the transaction of 


business.’ 


(§ 40.) Sec. 3. Each member of said Board of Fire and Po- 
lice Commissioners shall give bond in the sum of twenty thou- Bond. 
sand dollars for the faithful discharge of his duty, and he sha!l 
not be, when appointed, or elected, in arrears for any taxes; Must not be 
each Commissioner, before entering upon his duty, shall take erties 
an oath that he is not under any direct, or indirect, obligation Oath. 
to appoint any person to office of policeman or.fireman, or other 
employes; that he will faithfully discharge the duties of the 


office.° 


1 For other qualifications see Article 5 (Section 17), ante. 

2 In brackets, Chapter 54, Acts 1905, Section 44. 

3 Also receive $10 per meeting attended of Legislative Council. See Walsh vs. 
City of Memphis, memo. opinion April Term, 1908; also Article 6 (Section 21) ante. 

4 For filling vacancies under commission government, see Section 18, Chapter 
298, Acts 1909, hereinafter set out. 

5 Section 5 of Chapter 11, Acts 1879, as amended by Chapter 95, Acts 1893, and 
Chapter 79, Acts 1891. : 


62 


Shall issue 

no evidence 
of indebted- 
ness. 


Tax levy of 
one year not 
liable for in- 
debtedness 
of previous 
year. 


Public prop- 
erty not sub- 


ject to execu- 


tion. 


Taxes not to 
be levied by 
compulsory 


legal process. 


Refunding 
of money 
wrongfully 
paid, how 
audited and 
out of what 
fund paid. 


CHARTER OF THE CITY OF MEMPHIS. 


(§ 41.) Sec. 4. Said Commissioners shall not issue any 
bonds, notes, scrip or other evidence of indebtedness, and shall 
in no event contract for work, or material or services, in excess of 
the amount of tax levied for such work, material, or service for 
that year; the parties contracting with said Commissioners for 
work, material, or services shall look alone to the tax for that 
year, or to the fund specifically contracted against, and no 
Subsequent tax shall be levied to meet the deficit; and no prop- 
erty, real or personal, held by said Commissioners for public 
use shall ever be subject to execution or attachment, or seiz- 
ure, under any legal process, for any debt created by said Com- 
missioners, and all taxes due, or moneys in the hands of the 
County Trustee, or on deposit, shall be exempt from seizure 
under attachment, execution, garnishment, or other legal pro- 
cess; nor shall said Commissioners or the County Trustee be 
liable to garnishment; and no writ of mandamus or other legal 
process shall lie to compel them to levy any taxes. (Ch. 11, Acts 
1879, Sec. 12, as amended.) 

(§$ 42.) Sec. 5. The Fire and Police Commissioners, or a 
majority thereof, upon undoubted proof to be filed and estab- 
lished, may audit the claim, and, at their option, reimburse 
or pay any person or citizen who may have erroneously or 
wrongfully paid money into the City Treasury, from any cause 
whatever; and where money is or was due, but withheld owing 
to dispute, or to any uncertainty as to the justice of the demand 
or claim of same, they may return or pay it to the proper 
persons, the action of said Fire and Police Commissioners, or 
a majority thereof, in the premises, to be a final adjudication 
in the matter. The said reimbursements or payments shall be 
paid out of the current fund of the department which may have 
received the benefit of such payment or claim, or out of any 


unappropriated moneys that may be in the City Treasury: pro- 


CHARTER OF THE CITY OF MEMPHIS. 


63 


vided said application shall be made within two years after the 
right to make such claim shall exist. (Ch. 163, Acts 1889.) 

(§ 43.) Sec. 6. In addition to the other duties prescribed Paving, 
for the Police and Fire Commissioners, they shall exercise super- sanitary 
vision over the paving and repairs of the streets, the construc- 
tion of drains and sewers, and other sanitary works, bridges, 
wharves and lighting of the city [and for this purpose a compe- Engineer to 
tent civil engineer shall be employed by the Mayor, at a salary oy rr area 
not exceeding $4,000 per annum, and shall have the power to 
enter into all necessary contracts for all of said works, subject 
to the limitation and restriction herein set forth.]' (Sec. 6, 

Ch. 11, Acts 1879, as amended by Ch. 82, Acts 1891, and Ch. 54, 


Acts 1905.) 


(§ 44.) Sec. 7. Before any contract can be let or become 
effective when made by the Police and Fire Commissioners, it 
shall be submitted to and approved by a large majority of the 
votes of the members of such Board composing the Legislative 
Council, and the members so approving said contract shall sign 
their names thereto, and the same shall be copied and signed in 


the minutes of the proceedings of the Legislative Council. 
CONTRACTS. 


(§ 45.) Sec. 8. The Fire and Police Commissioners Sally rantracts. 
in every case, before entering into any contract for any purpose, 
advertise daily for one week or more, for such proposals for the How adver- 
work to be done, materials to be furnished, or service to be ee. 
performed, and shall open all the bids on the day named in pig, tg pe 
the advertisement, in the presence of a quorum of not less than 
five of the members of the Board of Public Works, and shall 
enter such bids with names of the bidders, in a book to be kept 
for that purpose, which book shall at all times be opened to the 


inspection of the taxpayers, and every bid shall remain at least 


1 Engineer to be elected .by Legislative Council, rhe wtp not exceeding $3,600. 
See Chapter 54, Acts 1905, Section 34. 


2 Section 50 Acts of 1905, Chapter 54, Section 32. 


opened—how. 


54 CHARTER OF THE CITY OF MEMPHIS. 

ae be one week open for canvass and discussion after the opening, 
contracts— 

how made. 


No contract 
without as- 
sent of ma- 
jority of each 
Board. 


Must be in 
writing and 
recorded. 


Written esti- 
mate in all 
cases involv- 
ing expendi- 
ture of more 
than $300 be- 
fore adver- 
tising. 


before any contract shall be awarded upon it; and after that. 


time the award shall be made, if at all, to the lowest responsible 


-bidder, who shall, in all cases, be required to give ample bond 


and security for its performance, the bond and security to be 
approved by the Supervisors of the Public Works and Fire and 
Police Commissioners, who sign the contract. (Sec 7,' Ch. 11, 


Acts 1879.) 


($< 46.) “Seo. 9. 


effective when made by the Police and Fire Commissioners, it 


Before any contract can be let or become: 


shall be submitted to and approved by a large majority of the 
votes of the members of such Board composing the Legislative 
Council, and the members so approving said contract shall sign 
their names thereto, and the same shall be copied and signed 


in the minutes of the proceedings of the Legislative Council.’ 


(3-479) 


not receive the assent of a majority of said Fire and Police 


Sec. 10. But no contract shall be made which does 
Commissioners, and a majority of the members of the Board 
of Public Works; and all contracts of every description shall 
be in writing, and shall be signed by the Commissioners assent- 
ing thereto, and approved in writing by all members of the said — 
Board assenting thereto, and shall be signed as well by the other 
contracting party, and shall be recorded in full in a well poaad 


book, open to the inspection of taxpayers at all times. 


C$ 94387) See. ik. 


in every case [involving an expenditure of over three hundred 


The Fire and Police Commissioners shall, 


dollars], before advertising for proposals, submit to the said 
Board a statement in writing, with estimate of cost of the said 
work to be done, material to be furnished, or service to be ren- 


dered; and, unless same receive the written sanction of at least 


1 Chapter 54, Acts 1905, Section 32. 
2 Section 7, Chapter 11, Acts 1879. 


CHARTER OF THE CITY OF MEMPHIS. 65 


four members of the Board, it shall not be advertised nor un- 
dertaken—said written sanction to be indorsed on the statemenc 
and estimate made by said Commissioners, and to keep on file 
in their offices.’ 

(§ 49.) Sec. 12. The Fire and Police Commissioners may, rotee may 
by and with the consent of the Board of Public Works, specifically 282imst_ fund— 


contract against any fund which the Legislative Council has 


power to appropriate to the purposes of such contract.® 


(§ 50.) Sec. 13. The Fire and Police Commissioners shall Chiefs of 
Police and 


appoint a Chief of Police and Chief of*Fire Department, who dh 
shall hold their offices for the period of one year, and until 

their successors are elected and qualified, and each of whom 

shall be paid a salary not to exceed $2,400.00 per annum, to be 

fixed by the Legislative Council before appointment, and to be 

paid monthly by the city. (a) (Ch. 54, Acts 1905.) 

(§ 51.) Sec. 14. All subordinate officers and members of thé guporaginate 
Fire and Police Departments shall be selected by the Fire and civil service. 
Police Commissioners; but power is hereby vested in the Legis- 
lative Council, and it is made its duty to adopt a system of civil 
service (b) rules, by which such subordinate officers and mem- 
bers of said departments shall be selected and retained, in ac- 
cordance with said rules and regulations, which rules and regu- 
lations shall also be for the better government of said depart- 
ments, for the classification of their employes, for the introduc- 
tion and observance of the merit system in the selection, re- 
jection and promotion, prescribing rules of conduct and disci- 
pline for their greater efficiency. Any unlawful interference or 
exhibition of partisanship upon the part of the members of 


these departments in any kind of an election shall be positively 


2 Section 7, Chapter 11, Acts 1879. Clause in brackets added by Chapter 96, 
Acts 1881, Section 4, and $300 substituted for $100 by Chapter 163, Acts 1889. 

3 Chapter 163, Acts of 1889, Section 4. 

a For election of officers, salary, etc., under commission government, see Acts 
1909, Sections 9 and 21, Chapter 298. 

b Chapter 298, Acts 1909, Section 26, provides for civil seryice commission and 
civil service rules, ete. 


66 


Classes of 
police and 
firemen. 


Salaries. 


CHARTER OF THE CITY OF MEMPHIS. 


forbidden under the penalty of dismissal, but they shall be per- 
mitted and encouraged personally to exercise the elective fran- 


chise as good citizens. (Ch. 54, Acts 1905.) 


(§ 52.) See. 15. Said Board or Commission shall, within 
sixty days after assuming the duties of their office, divide the 
police and firemen of the city into two classes, to be designated 
as first and second classes. The first class shall be composed of 
one-half of the members of said policemen and firemen, respec- 
tively, and shall be selected by the Fire and Police Commission 
from the whole number, giving preference to length of time of 


service, competency, integrity, and fitness for the service and 


.faithfulness to duty. The second class shall be composed of the 


remainder of said policemen and firemen, who shall also be 
chosen on account of their qualification and fitness for service. 
The first class shall be paid eighty-five ($85.00) dollars per month; 
the second class shall be paid seventy-five ($75.00) dollars per 
month; Provided, also, that if by resignation or otherwise, a va- 
cancy in the first class occurs, or more men are needed in that 
class, then such vacancy shall be filled by some one from the 
second class; Provided, also, that where new members of said 
departments are necessary, and have to be appointed, aael mem- 
bers shall be selected to serve first in the second class, as defined 


in this act. (Ch. 54, Acts 1905.) 


(§ 53.) Sec. 16. The Chief of Police shall have exclusive di- 
rection and control of the police force, subject to the rules, regu- 
lations and orders of the Board of Fire and Police Commis: 


sion. (a) 


In times of peril from riot, extensive conflagration, disorder or 
the apprehension thereof, the Chief of Police shall be subordinate 
to the Mayor and obey his directions. (Ch. 54, Acts 1905.) 


a Under commission government ‘‘The Commissioner of Fire and Police’’ has 
control of department. 


CHARTER OF THE CITY OF MEMPHIS. 


67 


(§ 54.) Sec. 17. A Digest of the local laws shall be prepared, 
at least once in five years, and oftener, if deemed necessary, by 
the Board of Fire and Police Commissioners, which may be read 
as evidence in the Courts of the State, without further proof of 


the laws contained in such Digest.* 


ARTICLE 7. 
BOARD OF PUBLIC WORKS. (a) 

(§ 55.) Section 1. There shall be elected ten’ discreet per- 
sons, who shall be Supervisors of Public Works, and consti- 
tute a Board of Public Works; the members of said Board 
shall be residents of said city for not less than five years im- 
mediately preceding their election, and not less than twenty- 
five years old, and chosen for their well known integrity 
and capacity for the duty required of them, and shall not be in 
arrears for taxes. [The election shall be held by the Sheriff of 
the county, as other popular elections are held.]| The members 
of said Board, before entering upon the discharge of their duties. 
shall severally take an oath before the Clerk of the County Court 
that they will faithfully and impartially discharge the duties 
of their office, and that they will not become interested, directly 
or indirectly, nearly or remotely, for themselves or for others, 
in any contract for work, materials or supplies, or service or 


purchase, made by the Fire and Police Commissioners. 


($ 56.) Sec. 2. [Immediately after qualifying, said Board 
shall elect a chairman from among its members, who shall pre- 
side at all meetings of this Board. If not elected within ten 
days, the Mayor shall appoint said chairman. In the absence 


of the chairman a pro tem. chairman may be elected. ]* 


(§ 57.) Sec. 3. The said Board shall hold stated meetings 


for the transaction of business. 


1 Act of March 238, 1889, Chapter 163. 
a Board of Public Works repealed and duties imposed upon ‘‘Board of Commis- 
sioners.’’ See Acts 1909, Chapter 298. 
2 By amendment, Chapter 54, Acts of 1905, the Board of Public Works is in- 
creased from ‘‘eight’’ to ‘‘ten’’ members. ‘ 
3 Chapter 54, Acts 1905, Section 5. 


City digest 
to b 


e pre- 
pared every 
five years. 


Number and 
qualification. 


How elected. 


Oath. 


Chairman. 


Meetings. 


68 


CHARTER OF THE CITY OF MEMPHIS. 


Compensa- 
tion. 


Record of 
Board of Pub- 
lic Works. 


Mayor, elec- 
tion and 
duties. 


Each member of the Board of Public Works shall receive as 
compensation the sum of ten dollars for each and every meeting 
of the Legislative Council, which shall be attended by, and offi- 


ciated in, by such member.* 


(§ 58.) Sec. 4. Such Board of Public Works shall have power 
to prescribe rules not inconsistent with any statute or ordinance, 
regulating their own proceedings and the conduct of its mem- 
bers. It shall cause to be kept a full, true and correct record 
of its proceedings, and the same shall at all times be subject to 
inspection by any citizen or taxpayer. The Legislative Council 
anal, at the expense of the city, designate and provide a place 
for the meeting of this Board for the transaction of its business. 
The City Register shall be the clerk of both Boards. (Ch. 54, 
Acts 1905.) , 


[The Board of Public Works, under Ch. 54, of the Acts of 1905, | 
is a part and parcel of the Legislative Council, and for the full 
scope of its powers, duties, etc., reference is made to Article 5 


herein, entitled “Legislative Department,” etc. ] 


ARTICLE 8. 
MAYOR. 
ELECTION, QUALIFICATION, DUTIES, ETC. 


(§ 59.) Section 1. The chief executive officer of the City ot 
Memphis shall be styled the Mayor, and shall be elected for four 
years and until his successor has been elected and qualified by 
the qualified voters of said city, at the time and place for the 
general election of the Legislative Council. At the next regular 
municipal election, on the first Thursday after the first Monday 
in November, 1905, as hereinafter provided, a Mayor and three 
members of the Fire and Police Commissioners, and six mem- 


bers of the Board of Public Works shall be elected, and such 


4 Sections 1 to 3, Acts of 1879, Chapter 11, Section 7, as amended by subse- 
quent acts. 


CHARTER OF THE CITY OF MEMPHIS. ‘69 


newly elected officials shall be sworn into office on the first Mon- 
day following the first Thursday after their election; but the 
present officials shall serve out their terms, and their successors 
shall be sworn in at the expiration of such terms. No person 
shall be eligible for the office of Mayor who is not at least thirty 
years of age, of good moral character, and who has been a bona 
fide resident of the City of Memphis for five years (next) pre- 
ceding his election, and not in arrears for taxes, or who, at the 
time of his election and qualification, holds any other office, or 
who is directly or indirectly interested’ in any contract with the 
city. 

In the event the Mayor, after his election, shall become inter- Ole: quai: 
ested in any contract with the city, or accept any office or ee 
agency of the United States, or of the State of Tennessee, or 
of the County of Shelby, or of quasi-public corporation, his office 
shall be thereby vacated. The salary of the Mayor shall be fixed 
by the Legislative Council before his election, and shall not be 
changed during his term, and shall not be less than three nor 


more than five thousand dollars per annum, to be paid in month- Salary—r 


ly installments. All persons elected to the office of Mayor here- 2°W 4*°¢: 


' after shall be elected for a term of only four years, and shall 

be ineligible for a second term in immediate succession, but the 

present Mayor shall continue to hold his office until his present 

term expires. In case of vacancy in the office of Mayor, by Vacancy, 
death, resignation, or otherwise, such vacancy shall be filled Ray 
by a new election, and the Legislative Council shall order such 

election within twenty days after the vacancy shall have oc 

curred, provided more than twelve months of the term of office 

shall then remain unexpired; and the Vice-Mayor shall act as 


Mayor until one can be elected and qualified as above provided. 

(§ 60.) Sec. 2. The Mayor shall, from time to time, give Raat 
to the Legislative Council information in writing of the state ee ne 
of the corporation, and such other information as the said Coun- 
cil may need, and may recommend to the Council such measures 


1 Chapter 54, Acts 1905. 


70 


CHARTER OF THE CITY OF MEMPHIS. 


General super- 
vision of a 
officers, 


To approve or 
veto ordinances. 


Appoint- 
ments pro 
tem. by 
Mayor. 


Mayor to 
make 
financial 
statement. 


as he may deem expedient. He shall have general supervision 
of all the officers of the city, and see that the ordinances and 


provisions of this charter are observed.’ 


(§ 61.) Sec. 3. Every law or ordinance passed by the Legis- 
lative Council shall be approved by the Mayor before it shal! 
take effect. If he disapproves of it, he shall return it to the 
Board in which it originated at its next regular meeting after 
its passage, with his objections in writing, and no law or ordi- 
nance vetoed by the Mayor shall go into effect unless the same 
be again passed in both Boards by a vote of a majority of the 
members-elect of each Board; Provided, however, that if the 
Mayor fail to return any law or ordinance, as aforesaid, he shall 
be deemed to have approved the same, and it shall become a law 
without any further action of the Board in which it originated, 
and every law, ordinance, resolution or vote, except on a question 
of adjournment, shall require the approval of the Mayor before 


it shall have effect, except as above provided. 


(§ 62.) Sec. 4. The Mayor is hereby empowered to make 
pro tempore appointments to supply the places of city officers, 
in case of sickness, death, resignation, absence or other disabili- 
ties. He shall also have power to suspend any city officer for 
misconduct or dereliction in office, reporting such action, with 
his reason therefor, in writing, to the next regular meeting of 
the Legislative Council, and he shall also have the power to ad: — 


minister oaths. 


(§ 63.) Sec. 5. The Mayor is hereby empowered to call spe- 
cial session of the Legislative Council, by proclamation or other- 
wise, and in so calling he shall state to the members the object 
for which it shall have been convened. He shall at least once 
in every three months cause to be laid before the Legislative 
Council a statement of the financial condition of the city, which 


statement shall be published among the proceedings of the Leg- 


1 Chapter 54, Acts 1905. 


CHARTER OF THE CITY OF MEMPHIS. 71 


islative Council, or as the Legislative Council .may by reso- 


lution direct.’ 


(§$ 64.) Sec. 6. The Mayor shall, before he enters upon the hg 
discharge of his duties, take an oath of affirmation that he will 
~ support the Constitution of the United States and of the State 
of Tennessee, and the charter and ordinances of the City of 
Memphis, and faithfully carry out and enforce the same, and 


faithfully demean himself in office.* 


(§ 65.) Sec. 7. In case of temporary absence of the Mayor, Vice Mayor. 
or in sickness, the Vice- ‘Mayor shall discharge his duties; and 
in the absence of the Mayor and Vice-Mayor the duties of the 
Mayor shall devolve upon the Chairman of the Board of Public 
Works. 


(§ 66.) Sec. 8. The Mayor may be removed from office for pemaenlrr 
misdemeanor therein by a vote of two-thirds of the members- 
elect of both Boards of the Legislative Council sitting in joint 
session, at which the Vice-Mayor shall preside. Before his re- 
moval from office the charges against him shall be preferred 
against him by any three members of the Legislative Council, 
and reduced to writing, and he shall be furnished with a written 
copy and allowed ten days to appear before the Council to make 


his defense, either in person or by counsel, or both. 


(§ 67.) Sec. 9. In case of the contested election of Mayor, Contest. 
the Legislative Council shall determine the same, and whenever 
it is ascertained that two or more persons have the same number 
of votes for Mayor, the Legislative Council shall elect one of 


such persons for Mayor.’ 


(§°68.): Sec. 10. The Mayor shall countersign all warrants Mayor to 
drawn upon the Treasurer, or the custodian of the city’s funds, ar ies 
and shall sign all bonds, notes or other evidence of city indebt- 
edness, and shall sign all contracts to which the City of Mem- 
phis is a party; Provided, that, if the Mayor refuse to sign any 


1 Chapter 54, Acts 1905. 


72 


CHARTER OF THE CITY OF MEMPHIS. 


Books and 
stationery— 
how pro- 
vided. 


City 
Register. 


Election, 


Duties. 


such contract, or any such instrument, or document, same be- 
comes effective without his signature by a majority vote of the 


Legislative Council. (a) 


(§ 69.) Sec. 11. The Mayor shall furnish all books and sta- 
tionery necessary for the use of the city, which shall be paid 
for out of the taxes provided for the support of the department 


ior which said books and stationery may be furnished. (b) 


ARTICLE 9. 


CITY REGISTER. 


ELECTION, QUALIFICATION, DUTIES, ETC. 


(§ 70.) Section 1. There shall be a City Register, who shall 
be elected by the qualified voters of the City of Memphis, at the 
time of the first general city election, and shall hold his office 
for a term of four years, and his salary shall be twenty-five 
hundred ($2,500.00) dollars per annum. However, the first Reg- 
ister under the provisions of this act shall be elected by the 
Legislative Council, within thirty days after the passage of this 
act, and shall hold his office until the first general election for 


city officers thereafter. 


(§ 71.) Sec. 2. The Register, with such assistance as may 
be furnished by the Legislative Council, shall act as clerk of 
each Board, and shall keep the records and minutes of each 


Board, and shall attend all meetings thereof. 


(§ 72.) Sec. 3. Said Register, after he shall have been elected 
and qualified and given his bond as required, shall have charge 
and custody of all books, papers, documents and accounts con- 
nected with the city government, and he shall be held responsible 


for the safe-keeping of same. 


a The foregoing sections Nos. 1 to 10, inclusive, passed in 1905. See Chapter 54, 
Acts 1905, 

b For qualification and duties of Mayor under commission government, see Sec- 
tions 3 to 11 et al., Chapter 298, Acts 1909 (hereinafter set out). 


CHARTER OF THE CITY OF MEMPHIS. 


(§ 73.) Sec. 4. He shall keep an accurate and correct account Same. 


of all the transactions of the city government, and an account 
of the receipts and disbursements of all the funds of the city. 
He shall attend in person, or by one of his clerks, all the meet- 
ings of the Legislative Council, and keep a correct record of all 
the proceedings of that body. He shall have such clerical help 
in his work as the Legislative Council shall deem necessary for 
the work to be performed properly. Said Register shall publish 
a statement, once every six months, showing in detail the finan- 
cial condition of the city government. All books, papers and 
documents in the care and custody of said Register shall be 
open to inspection and investigation by any taxpayer, upon the 


petition of any ten taxpayers living in the City of Memphis. 


(§ 74.) Sec. 5. The Register shall be required to give bond 
in the sum of ten thousand ($10,000.00) dollars for the faithful 
performance of his duties as an officer, and for the safe-keeping 
of all the books, documents, records, papers, etc., belonging to 
the city government in his charge or custody, and faithfully ac 
count for all money that may be turned over to him or passed 
through his hands as Register of the city. He shall also pre- 
serve all original vouchers and books of original entry until 


after the expiration of his term of office. 
= 


(§ 75.) Sec. 6. Section 1 of Article 12 of the Act of 1879, 
herein referred to, is hereby repealed, and in lieu thereof, all 
the duties of said City Secretary are hereby devolved upon the 
City Register, to whom said Secretary shall at once turn over 


all the books, papers and belongings of his office. (a) 


[The Assistant City Register is ex officio the Secretary of the 


Park Commission. ] 


a All sections under Article 9, except Section 7, passed February 3, 1905, Chap- 
ter 54, Acts 1905. 

Note—Office of ‘‘City Register’? changed to City Clerk; who is elected by 
commission, Chapter 298, Acts 1969, Section 9. 


Bond. 


73 


74 


CHARTER OF THE CITY OF MEMPHIS. 


Regulate 
salaries of 


fire and po- 
lice officers. 


Compensa- 
tion. 


Powers of. 
police. 


(§ 76.) Sec. 7. In the event of a vacancy by death, resigna- 
tion or removal in the office of City Register, the unexpired term 
shall be filled by the Legislative Council in joint session. (Ch. 
54, Acts 1905, Sec. 63.) 


ARTICLE 10. 

FIRE AND POLICE DEPARTMENTS. 
[For election of Chief of Police, Chief of Fire Department, | 
subordinate officers and firemen; classification; Civil Service pro- 

vision, see ante Article 6, “Fire and Police Commissioners.” | 
(§ 73.) Section 1. Said Board of Fire and Police Commis- 
sioners of such Taxing District or city shall be, and the same is 
hereby, authorized and given power to fix and regulate the scale 
of salaries of the officers of the Fire and Police Department, 


and to fix the rank and number of such officers.’ 


(§ 74.) See. 2. The Police and Fire Commissioners shall fix 
the pay of the firemen as follows: Chief of Fire Department, 
not less than one hundred and fifty dollars per month; Assistant. 
Chief of Fire Department, not less than one hundred and twenty- 
five dollars per month; Captains of Fire Department, not less. 
than one hundred and ten dollars per month; Engineers of Fire 
Department, not less than one hundred dollars per month; other 
subordinate firemen, not less than seventy-five dollars per month.* 

(§ 74a.) Sec. 3. The officers and patrolmen of the Police De- 
partment shall have all the power now possessed by constables, 
except for the service of civil process. But all process served. 
by such officers‘or patrolmen shall be returned by them before: 
the Judge of the City Court, whether issued by said Judge or by 
a Justice of the Peace, and they shall have no power to return. 
the same to any Justice of the Peace. They shall receive no fees. 


for such service, but in cases where the defendants are con- 


1 Amendment Senate Bill 455, Acts 1908, Section 8. 


2 Section 2 is original of Chapter 48, Acts 1889, which is a substitute for orig-. 
inal Section 8 of Chapter 84, Acts 1879. This section in effect is repealed by pre- 
ceding section. 


CHARTER OF THE CITY OF MEMPHIS. 


victed the fees to which a constable would be entitled for like 
service shall be taxed and collected from such defendant by 
the Clerk of the City Court and turned into the City Treasury; 
Provided, that in no event shall such fees be collected from 
either city, State or county; and, Provided also, that the de- 
fendants convicted may be committed to the city prison until 
the fines and costs are paid, secured or worked out. 

(§ 75.) See. 4. The Fire and Police Commissioners may, 
in case of need, appoint special policemen to do special duty 
at any time and any place within the city, and on such terms 
as the Board may deem proper, but compensation for such 
service shall not exceed that for policemen of second class. 
However, in all cases the action of the Board shall be reduced 
to writing and placed on the minutes, and shall show the neces- 


sity and occasion for such action. 


75 


(§ 76.) Sec. 5. The Mayor and Chairman, ex officio, of the Suspension of 


Fire and Police Commission, upon proper showing, may suspend 
for twenty days from duty, without pay, any officer or employe 
of the Fire or Police Departments, and it shall be the duty of 
the Mayor to report at once to the Fire and Police Commission 
his reason for such suspension; and the action of the Mayor in 
all such cases shall be subject to the supervision and control of 


the Fire and Police Commission. 


(§ 77.) Sec. 6. Ail the city officers whose removal from office 
is not otherwise provided for in this act shall be subject to 
removal by the Legislative Council, sitting as a court, upon writ- 
ten charges Weefarred by the Mayor, or any member of the Fire 
and Police Commission. The person accused shall have the right 
to be heard in person or by his counsel, and said Court to act 
under oath or affirmation.! No person so tried shall be removed 
from office without the concurrence of two-thirds of the Legis- 
lative Council in joint session, the vote to be taken by ayes and 
nays, and a record thereof kept on the minutes. When a person 


has been so removed from office, he shall be ineligible thereto 


police or 
firemen. 


76 


No political 
assessments. 


No additional 
compensation 
to police or 

firemen. 


Firemen and 
policemen 
shall not in- 
terfere with 
elections. 


CHARTER OF THE CITY OF MEMPHIS. 


during the term for which he shall have been elected or ap- 
pointed. 

(§ 78.) See. 7. No officer, employe or agent of the city 
government shall be called on by any other officer or agent of 
the city for any contribution or assessments by any politica! 
organization or member or committee thereof. No such officer, 
employe or agent shall be allowed to solicit any contribution or 
to sell any tickets or to procure any money by any device from 
the public. Any person violating any of the provisions of this 
section shall, upon conviction in the City Court, be fined not 
exceeding fifty ($50.00) dollars, and be removed from office. 

(§ 79.) Sec. 8 No. policeman, fireman or officer in either 
of said departments shall, without the consent of the Fire and 
Police Commission, receive any roney or gratuity or compen- 
sation in addition to his salary, for any service he may render 
as an Officer.* 

(§ 80.) Sec. 9. That in no case shall any regular or special 
policeman or fireman, during the holding of any election in any 
Taxing District, be allow ea in any way to interfere with or to 
influence or to intimidate any voter, or to attempt to do the 
same. Any violation of this provision shall be sufficient grounds. 
for dismissing said offending officer from office; and any po- 
liceman.or fireman who shall be guilty of violent or disorderly 
conduct at or near any polling place during the time of the 
holding of any election, shall be guilty of a misdemeanor, and. 
upon conviction thereof shall be forever disqualified from hold: 


ing any office or employment under the city government.” 


1 Sections 3 to 8, inclusive, under this Article passed in 1905, Chapter 54, Acts: 
1905. 


2 Chapter 91, Acts 1881, Section 7. The election and registration Acts of March: 
11, 1890, Chapters 24 and 25, extra session of 1890, are made applicable to the Tax- 
ing District by the Acts of March 28, 1891, Chapters 223, 224 and 225. 


CHARTER OF THE CITY OF MEMPHIS. 


ARTICLE 11. 
JUDICIAL DEPARTMENT. 


JUDGE CITY COURT, ELECTION, QUALIFICATIONS, POWERS, DUTIES, 
CITY COURT CLERK, ETC. 


(§ 81.) Section 1. There shall be a City Court, and there 
shall be elected by the people a City Judge, at the regular elec- 
tion provided for in this act for the election of the Legislative 
Council; but the Governor shall first appoint said Judge, who 
will hold the office until elected by the people. Said appoint- 
ment to be made within thirty days after the passage of this 
act. (Ch. 54, Acts 1905.) 


(§ 82.) Sec. 2. The Judge of said Court shall be at least 
thirty years old and a lawyer by practice and profession, and 
of good moral character, and shall have been for two years 
before his election a bona fide resident of and voter in the City 


of Memphis. (Ch. 54, Acts 1905.) 


(§ 83.) See. 8. The City Court shall be a court of record, and 
shall have original and exclusive jurisdiction of all violations 
of municipal ordinances, and shall also be clothed with the 
same powers and duties possessed by a Justice of the Peace 
touching the arrest and preliminary trial, discharging, binding 
over, or pintahive under the small offense law, all persons 
charged with offenses against the State, committed in the city. 
In all city cases an appeal may be taken to such Circuit Court 
of Shelby County as now or may be provided by law. Every 
person arrested on the charge of violating an ordinance or on 
process issuing from the City Court shall be presented to the 
Court for trial within twenty-four hours after his arrest, unless 


Sunday or legal holiday shall intervene. (Ch. 54, Acts 1905.) 


(§ 84.) Sec. 4. A session of said Court shall be held daily, 
except Sunday or legal holidays. At the opening of each session 
the minutes of the preceding session shall be read and signed 
by the Judge in open Court. When a fine has been imposed 


and the minutes signed, the Judge shall have no power to remit 


City Judge. 


Qualifica- 
tions. 


Records of 
City Court. 


Sessions and 
powers. 


78 


CHARTER OF THE CITY OF MEMPHIS. 


Salary City 
Judge. 


Jurisdiction 
and procedure 


in Second Cir- 


cuit Court in 
appeals from 
Police Court. 


or release the same or any part thereof. In the temporary ab- 
sence or during the disability of the Judge from any cause, the 
Mayor shall appoint some person possessing all the qualifications 
of the regular Judge, as Special Judge, to act in his room and 
stead, and such appointment shall be copied on the minutes of 
the Court, and said Special Judge shall take the same oath and 
be clothed with the same power, pro tempore, as the regular 
Judge. If he shall serve for a period of two days or longer he 
shal he paid same compensation as the Tee Judge, which 
sum so paid the Special Judge shall be deducren from the salary 
of the regular Judge. All processes issuing from said Court 
shall be siened by either the Judge or the Clerk thereof. (Ch. 
54, Acts 1905.) 

(§ 85.) See. 5. The salary of the Judge of said Court shal} 
not exceed $2,500.00 a year. The Judge of said Court shall, after 
his appointment expires, be elected at the regular city élection 
of municipal officers for a term of four years, and his term 
shall begin from his qualification; his salary shall be paid by 
the city in monthly installments, as other city officers are paid. 
Said Judge shall not at the end of his term immediately succeeG 
himself as City Judge. (Ch. 54, Acts 1905.) 

(§ 86.) Sec. 6. The Second Circuit Court of Shelby County 
is vested with the power to hear and determine cases brought 
to that Court by persons tried and convicted before the [| Mayor, 
or Justice acting for said Mayor]|' (now Judge of City Court) 
for offenses arising under the act establishing said city, and the 
ordinances of said city, or for any misdemeanor or other pro- 
ceeding. Persons taking such case to said Second Cirenit Court 
shall give bond, with approved security, for double the amount of 
the fine and costs,-conditioned that if the Second Circuit Court 
shall find against the appellant, and the fine imposed by said 
Court is not-paid, the defendant will surrender himself to the . 


police authorities, to be dealt with as other offenders whose fines 


1 Amended by Chapter 54, Acts 1905, creating office of Judge of City Court. 


CHARTER. OF THE CITY OF MEMPHIS. 


79 


are not paid; and the judgment of the Second Circuit Court shall, 
in addition to imposing the fine, if defendant is convicted before 
it, order that such defendant be rearrested upon failure to pay 
said fine and costs, and turned over to the police authorities, 
to be dealt with as other offenders found guilty before the 
Mayor (now Judge of City Court) or Justice acting for him.’ 

(§ 87.) Sec. 7. When appeals are prosecuted from judgments 
rendered in the Police Court (now City Court) of said city, 
and the appellant shall give a bond with good and sufficient 
surety or sureties, and conditioned, in addition to all other 
conditions now prescribed by law, that the surety or sureties 
shall be liable for whatever judgment may be rendered against 
the principal in the Appellate Court; such Appellate Court shall, 
when rendering judgment against the appellant, render a like 


judgment against the surety or sureties on the appeal bond.* 


CITY COURT CLERK. 

(§ 88.) Sec. 8. The Legislative Council shall, at the first 
regular meeting after the general election, in joint session, elect 
a Clerk of the City Court, whose qualifications for office shall 
be that he is a bona fide resident of and voter in the City of 
Memphis. Said Clerk shall be elected for a, term of two years, 
and his term of office shall begin from the time of his qualifica- 
tion following his election; and before assuming the duties of 
his office he shall give bond in the sum of $2,500.00, to be ap- 
proved by the Judge of said Court, and filed with the Register 
conditioned to faithfully discharge the duties of his office * 
such Clerk, and properly report and account for all the fun 
coming through his hands into his office. (Ch. 54, Acts 1905.) 

(§ 89.) Sec. 9. The Clerk of said Court shall keep the min- 
utes of the Court in the same manner as the minutes of the 


Circuit Courts of the State are required by law to be kept. He 


2 Act of April 4, 1881, Chapter 79, as amended by Chapter 54 of the Acts of 
1905. 


3 Section 7 passed March 30, 1897, Chapter 156, page 343, 


Clerk City 
Court. 


Clerk’s duties. 


80 


City Attorney 
to be elected 
by people. 


Vacancy filled 
by Governor. 


CHARTER OF THE CITY OF MEMPHIS. 


shall also prepare for each session of the Court a docket of all 
cases not previously disposed of. His salary shall not exceed 
$1,800 a year. He shall receive no fees or other compensation 
as Clerk. In city cases, however, the same fees and costs shall 
be taxed as allowed in the Circuit or Criminal Courts of this 
State, and he shall collect the same and pay them into the City 
Treasury. He shall also collect all fines assessed by said City 
Court and pay the same into the City and County Treasury, 
respectively, at least once per week. (Ch. 54, Acts 1905.) 

(§ 90.) Sec. 10. Both the Judge and Clerk of said Court 
shall be authorized to administer oaths and affirmations. (Ch. 
54, Acts 1905.) 

(§ 91.) Sec. 11. In the event of a vacancy by death, resig- 
nation or removal in the office of City Judge, or Clerk of the 
City Court, the unexpired term of such vacancy shall be filled 


by the Legislative Council in joint session. (Ch. 54, Acts 1905.) 


CHAPTER 12. 
CITY ATTORNEY. 
ELECTION, QUALIFICATION, DUTIES, ETC. 

(§ 92.) Section 1. A City Attorxey shall hereafter, and be- 
ginning with the next popular election of said Taxing District 
or city, be elected by the people, and in the same manner and 
at the same time as other officers of said Taxing District are 
elected. (Senate Bill 465, Acts 1903.) 

(§ 93.) Sec. 2. Be it further enacted, That wherever a 
vacancy now exists, or that may hereafter occur in the office | 
of City Attorney of said Taxing District or Districts, the same 
shall be filled by appointment by the Governor of the State, the 
appointee to hold office until the next general election in said 
Taxing District or Districts, at which election other officers of 
said Taxing District or Districts are to be elected.* (Senate 


Bill No. 465, Acts 1903.) 


1 Prior to this act the City Attorney was appointed by the Mayor. These two 
sections amend Section 2, Chapter 149, Acts of 1901. 


CHARTER OF THE CITY OF MEMPHIS. 


81 


(§ 94.) Sec. 3. It shall be the duty of the City Attorney, 
in addition to the duties heretofore imposed upon him by law, 
to prosecute or defend, as the case may be, all suits brought 
by or against the city, the County Trustee, or the County As- 
sessor, involving the assessment or the collection of the city 
taxes; and all fees and commissions now allowed by the law 
to the attorney employed for the collection of delinquent city 
taxes shall not be paid to such attorney, but shall be turned 
in to the city. (Ch. 54, Acts 1905.) 

(For other duties and power of City Attorney, see Sec. 14 of 
Ch. 11, Acts 1879, and amendment Ch. 84, Acts 1879; also act 
of 1889, Ch. 163, and act of 1891, Ch. 81.) 


Duties of. 


(§ 95.) Sec. 4. The Fire and Police Commission may, in Assistant 


their discretion, employ competent attorney in the capacity of 
Assistant City Attorney, to prosecute cases in the City Court, 
and to attend to such other legal business as may be proper, 
and said attorney so employed to receive as his compensation 
a sum, in the discretion of said Fire and Police Commissioners, 
not to exceed twelve hundred ($1,200.00) dollars in any one 
year, same to be paid out of the City Treasury. (Ch. 54, Acts 
1905.) 


(§ 96.) Sec. 5. The salary of said City Attorney shall be 
thirty-six hundred ($3,600.00) dollars per year; said City Attor- 
ney shall be elected by the qualified voters of the City of Mem- 
phis at the regular election of the Legislative Council provided 
for in this act, and shall hold his office for four years. (Ch. 
54, Acts 1905.) 


(§ 97.) Sec. 6. In the event of a vacancy by death, resigna- 
tion or removal, in the offices of the City Register, City Attor- 
ney, City Judge or Clerk of the City Court, the unexpired term 
of such vacancy shall be filled by the Legislative Council in 


joint session. (Ch. 54, Acts 1905.) 


City Attorney. 


Salary. 


Vacancies— 
how filled. 


82 CHARTER OF THE CITY OF MEMPHIS. 
ARTICLE 13. 
STREET COMMISSIONER. 

(§ 98.) Section 1. There shall be, in addition to the officers 
and governing agencies of the city, an officer known as Street 
Commissioner.’ 

eam enn He shall not be a member of the Legislative Council, or take 


How elected. 


Compensa- 
tion, powers 
and duties. 


Office 
Created. 


Duties. 


Taxable 
property. 


any part in its deliberations; he must be a resident of such mu- 


nicipality; be a man of probity and good character, and not 


less than thirty years of age; he shall give his whole time to 


the duties of his office. 

The Street Commissioner shall be elected by the Board of 
Police and Fire Commissioners, upon nomination of the Mayor, 
for such a term as the Legislative Council may determine. 


(§ 99.) 


ing, and be thoroughly conversant with the materials to be used; 


Sec. 2. He shall have had experience in street build- 


and the Legislative Council shall have power, at the time of 
such election, to fix the compensation of such Street Commis- 
sioner for the term for which he is elected. 


The Legislative Council shall provide, by ordinance, the pow- 


ers and duties of such Street Commissioner, and: fix the amount Ok 


of his bond. 
ARTICLE 14. 
_CITY TAX ASSESSOR. 
(§ 100.) Subsection 1. The Acts of 1879, : Chapter 11, “are 


hereby amended so as to create and establish the office of City 
Tax Assessor of such Taxing District (now City of Memphis), 
whose duty it shall be to eee all taxable property within said 
[And 


to authorize and empower the Tax Assessor of the City of 


city now assessed by the State and County Tax Assessor. 


Memphis to assess for city taxation all ad valorem taxes im- 
posed on merchants and others, and all ad valorem taxes here- 


tofore assessed for taxation by the County Court Clerk of Shelby 


2 Office of Street Commissioner abolished by Chapter 298, Acts 1909. 


A i te ae a: 


CHARTER OF THE CITY OF MEMPHIS. 


83 


County, Tennessee.|* His term of office shall be for four years, 
and the Legislative Council of said City of Memphis shall, by 
ordinance, fix the bond and duties of such Tax Assessor, and 
determine when and how he shall make assessments of such 
‘taxable property and return the same, and said Legislative 
Council shall, within thirty (30) days after the passage of this 
act, elect said Assessor, who shall thereafter forever be elected 
by the people of said City or Taxing District of Memphis, com- 
mencing with the first regular election after the passage of this 


act.‘ 


(§ 101.) Subsec. 2. The taxes on all taxable property sit- 
uated within the territory of such Taxing District shall be col- 
lected upon the basis of the taxes heretofore provided for, and 
the Legislative Council of such Taxing District shall, by ordi- 
nance, provide how and when such taxes shall be paid and 


collected.* 


(§ 102.) Subsec. 3. The compensation of said Tax Assessor 
shall be four thousand ($4,000.00)* dollars per year, to be paid 


in equal monthly installments, by the city or Taxing District. 


(§ 103.) Subsece. 4. Said Tax Assessor shall be allowed an 
assistant, who shall be paid, by said city or Taxing District, a 
salary of $1,500.00 per year for his services, and he shall be 


appointed by the Assessor. 


(§ 104.) Subsec. 5. Said City Assessor and his assistants, 
or any of them, shall have the power and authority to admin- 
ister oaths in respect to assessments and in connection with the 


valuation of property for city taxation.’ 


3 In brackets amendment House Bill 810, Acts 1909, passed April 26, 1909, 
. 4 Sections 100 and 101 passed April 10, 1903, Chapter 366, except as otherwise 
noted. For manner and date of election under ‘‘Commission Government,’’ see 
Chapter 298, Section 48, Acts 1909. 

1 By House Bill No. 810, Section 2, passed April 26, 1909, the salary of Assessor 
and assistant fixed at $4,000 and $1,500, respectively, in place of $3,000 and $900. 

2 Section 104 passed April 26, 1909. House Bill No. 810, Chapter 3, Article 14, 
is the Act of 1903, Chapter 366, as amended by House Bill 810, Acts 1909. 


Term. 


Duties fixed 
by ordinance. 


Election: 


Tax basis. 


Collection. 


Assessor’s 
salary. 


Assistant’s 
salary. 


Power to 
administer 
oaths. 


84 


CHARTER OF THE CITY OF MEMPHIS. 


Board of 


Equalization, 


Duties. 


Compensa- 
tion. 


ARTICLE 15. 
BOARD OF EQUALIZATION. 

(§ 104.) Subsection 1. The Legislative Council of such Tax- 
ing District shall be, and is hereby authorized and given power to 
elect a Board of Equalization, consisting of five freeholders and 
citizens of said Taxing District, for the purpose of revising 
the assessment when returned by such Tax Assessor, and all 
persons who may object or complain of such assessments shall 
have the right to appeal from the returns made by said Assessor 
to said Board of Equalization, under such rules and regulations 
as may be established by the Legislative Council aforesaid, 
and the revision of such assessments as may be determined upon 
by the said Board of Equalization shall be final. Hach member 
of said Board of Equalization shall receive and be paid the sum 
of three ($3.00) dollars per day by the city or Taxing District 


for each and every day they are in actual session.’ 


3 Senate Bill 455, Acts of 1908. 


RULES AND REGULATIONS BOARD OF EQUALIZATION. 
Adopted by Legislative Council February 4, 1904. 


The Board of Equalizers shall elect one of its members a Chairman and one 
Secretary of the Board, and a majority of the Board shall constitute a quorum for 
the transaction of business. Said Board shall keep a daily record of its transactions 
and sign the same and its members shall be paid by the city as compensation for 
their services $3 per day. The Assessor shall at the first day’s session of the Board 
deliver the assessment list or roll to said Board for its consideration. Upon the 
completion of the duties of the Board the records and papers of the Board shall be 
turned over to the city Secretary for preservation, together with the assessment 
lists. 


It shall be the duty of the Board to carefully examine, compare and equalize 
the assessments, to eliminate from its lists property exempt from taxation, to hear 
any just complaints of party or parties feeling aggrieved on account of excessive 
assessment of property; said complaints shall be made in writing. If, in the judg- 
ment of the Board, the property is assessed at more than its actual cash value, it 
shall be reduced to the actual cash value of the same, correct any and all errors 
arising from clerical mistake or otherwise that may come or be brought to the 
attention of the Board, and the corrections made, if any, shall be entered upon the 
assessment book without in any way altering the assessment lists. Said 
Board shall have the power, and it is hereby made the duty, to in- 
crease or lower the entire assessment roll or any assessment contained therein 
so as to equalize the assessment of all property contained therein, and make such 
assessment conform to the actual vash value of the property described fn the 
assessment. If the property described in said assessment lists or any part thereof 
shall have been assessed at less than the actual cash value thereof, the value of 
the same shall be increased so as to conform to the actual cash value thereof. 
Or if any property designated in said assessment lists shall have been assessed 
at more. than the actual cash value thereof, the same shall be reduced so as to 
conform to the actual cash value thereof, it being the intention that the Board of 
Equalizers shall equalize and compute the value of all the property in the city 
upon the standard of the actual cash value thereof, estimated at the amount of 
money the property would sell for if sold at a fair voluntary sale; provided, that 
no assessment shall be increased by the Board of Equalizers until the property 
owner or owners affected by said increase shall have been notified and given an 
opportunity to be heard. 


CHARTER OF THE CITY OF MEMPHIS. 


LA A oi a eee ea , member of the Board of Ga of 
Oo 


Equalization of said city, do hereby solemnly swear (or affirm) 
that I will, without fear, favor or affection, perform the duties 
required of me by my oath of office and the laws of the State; 
that I will carefully examine, compute and equalize all assess- 
ment lists and values of property in said city designated in the 
assessment rolls, and equalize, fix and compute the value of all 
such properties upon the standard of an actual cash valuation, 


as directed by the laws of the State, by raising the values of 


The Board may examine any person or persons as witnesses and hear any proof 
that may be offered by any taxpayer or about any question touching the value 
of any property, or of property described in the assessment roll. 


Any owner of property liable for taxation in the city shall have the right in 
person or by his agent to make complaint before said Board that other property or 
properties in the city have been assessed at less than the actual cash value thereof 
or at a less percentage of value than the complainant’s own property. Upon such 
complaint being made before the Board it may hear any evidence or witnesses offered 
by the complainant or may take such steps as it may deem material to the inves- 
tigation of the complaint and pass upon the question justly and equitably according 
to the standard herein established of an actual cash value of the property. 


The Board may inquire as to the valuaticn of the various classes of property in 
the respective wards of the city and make such changes by way of increase or 
decrease in the valuation as may be necessary to equalize the same as between the 
various wards and to determine the rate per cent of increase or decrease to be added 
or deducted in order to make a just and equitable equalization in the respective 
wards so as to conform throughout the city to a just and equitable standard, 
which standard in such case shall not be less than the actual cash value of the 
property. 

The Board of Equalizers shall make out and transmit to the City Secretary 
(now City Register) a summary showing the value of town lots and improvements 
thereon; the value of personal property assessed and also a brief summary of all 
the testimony taken before the Board in regard to the equalization of property. 


It shall be the duty of said Board to bring before it the Assessor and propound 
to him such questions as are in the opinion of the Board proper to ascertain the 
manner in which the Assessor arrived at the value of the property assessed by 
him and such questions as will aid said Board in the equalization of values. When 
the Board of Equalizers shall have determined the matters of equalization and values 
before it and within its jurisdiction such action shall be final. 


Upon returning the assessment rolls of the city to the City Secretary the said 
Board of Equalizers shall attend to and indorse upon the same a certificate signed 
by each member, viz. : 

“We, the undersigned members of the Board of Equalizers of the City of 
Memphis, do hereby certify that we have equalized, concluded and fixed the values 
of all property set out in the assessment roll of said city upon the standard of 
the actual cash value of the same, by raising the values of all properties assessed 
at less than actual cash value thereof to the actual cash value of the same, or by 
reducing the values of all properties assessed at a greater amount than the actual 
cash value thereof to the actual cash value of the same, and otherwise faithfully 
and honestly obeyed the requirements of the assessment laws of the State and city 
and kept our oaths of office. Witness our hands this............ GAL OPS dew nice 

Each member of the Board of Equalizers, before entering upon the discharge 
of the duties of his office, shall, before the Mayor of the city, take and subscribe to 
the oath set out in Section 104 herein, to be filed with the City Secretary, viz.: 

It shall be unlawful for any member of a Board of Equalization to enter upon 
or undertake to discharge the duties of his office without first taking the oath 
hereinbefore provided. It shall be the duty of the Board of Equalizers, when it is 
known to or reasonably suspected by any of them, that the Assessor has know- 
ingly, wilfully or negligently assessed any property at less than the actual cash 
value of the same, to report the same to the City Attorney, whose duty it shall 
be, upon receiving such information, to institute proceedings against the Assessor 
upon his bond, to recover the penalty hereinafter prescribed. 

The Board of Equalizers herein referred to shall not sit more than 25 days. (Min- 
ute Book ‘‘F,’’ page 290.) 


ce. 


85 


86 


County Trus- 
tee City Tax 
Receiver. 


Clerical as- 
sistance—by 
whom paid. 


Bond. 


Taxes to be 
kept sepa- 
rate from 

other funds. 


Front foot 
assessments. 


Proceeds. 


How and 
where to be 
deposited. 


CHARTER OF THE CITY OF MEMPHIS. 


all properties assessed at less than the actual cash value of 
the same to the actual cash value thereof, and by reducing the 
values of all properties assessed at greater than the actual cash 
value of the same to the actual cash value thereof, and in all 
respects faithfully, honestly and impartially do and perform 
each and every duty imposed upon me as a member of said 


Board by the laws of the State. 


ARTICLE 16. 
CITY TAX RECEIVER. 
(§ 105.) 
shall be, and he is hereby declared to be, by virtue of his office, 


Subsection 1. The County Trustee of Shelby County 
collector and disburser of: municipal taxes of the City of Mem- 
phis, and his compensation for such services is fixed at one- 


half of one per cent. of the entire city taxes collected.* 


(§ 106.) Subsec. 2. For the compensation above fixed, the 


aforesaid Trustee shall pay all clerical assistance, and that, 
to secure the faithful performance of the duties required in the 
collection and paying over of the said taxes, he shall give a 
bond in such amount as shall be fixed by the Legislative Council, 
and he shall keep the municipal taxes by him collected separate 
and apart from all other funds that may come into his hands, 
and so deposit as to indicate that the funds belong to. the City 


of Memphis. 


(§ 107.) Subsec. 3. All assessments under the front foot 
improvement act shall be payable to the City Tax Receiver, whose 
duty it shall be to receive the same and give proper receipts 


therefor and enter the proper credit and satisfaction. 


(§ 108.) Subsec. 4. All proceedings arising from the collection 
of assessments levied for an improvement shall, as soon as col- 
lected, be deposited by the City Tax Receiver in some bank 


designated by the legislative body of such city, and such col- 


1 Passed February 1, 1905. 
all other acts in conflict. 


2 See Chapter 841, Acts 1907, Section 7. 


This act repeals Chapter 301 of Acts of 1899, and 


CHARTER OF THE CITY OF MEMPHIS. 


87 


lection shall not be deposited with the general funds of the city, 
but shall be considered a separate deposit to the account of 
“Public Improvement,” and shall be drawn out on checks or 
orders directing the amount designated therein to be paid out 
of the public improvement fund. The City Tax Receiver shal) 
be liable on his official bond to any holder of the certificates 
[“bonds,’” under amendment of February 15, 1909,] authorized 
by this act for any loss or injury to such certificate [bond] holder 
caused by the diversion by said officer of any fund, or part 
thereof, to the payment of any bond, certificate of indebtedness 
or interest coupons or indebtedness of the city other than the 
certificates and interest coupons and indebtedness herein author- 
ized to be paid out of said fund, or by the use or misappropria- 
tion by said officer of any part of the fund out of which said 
certificates [bonds] are required and contemplated herein to 
be paid for any other purpose than herein provided for, or for 


the benefit of the city or others.’ 


(§ 109.) 


same compensation for collecting the moneys herein provided 


Subsec. 5. The City Tax Receiver shall receive the 
for [meaning the front-foot improvement act] as he does for 
collecting other city taxes, and he may appoint one clerk, at a 
salary not to exceed $100 per month, said salary to be paid 
out of the moneys collected under this act, and said salary to 


begin at the discretion of the Municipal Council.’ 


ARTICLE 17. 
TAXATION AND FINANCE. 


(§ 110.) 


islative Council of the City of Memphis to levy and impose all 


Section 1. Power is hereby conferred upon the Leg- 


necessary taxes for the support of the government of said city.’ 


3 Chapter 341, Acts 1907, Section 10, and amendment of 1909, Senate Bill 282. 
4 Chapter 341, Acts 1907, Section 20. 


1 Act of April 1, 1893. 
sembly of State. 


Prior to this act taxes were imposed by General As- 


Liable on 
bond for di- 
version of 
“Sm prove- 
ment fund.’’ 


Compensa- 
tion for col- 
lection of 
‘‘improvement 
fund.’’ 


One _ addition- 
al clerk. 


Power to 
levy taxes. 


88 


CHARTER OF THE CITY OF MEMPHIS. 


—— 


Time of 
payment 
of taxes. 


Penalties. 


Sale. of 
property for 
delinquent 
taxes; ete, 


Tax rate— 
purposes to be 
designated. 


(§ 111.) Sec. 2. The City of Memphis, through its Legisla- 
tive Council, by ordinance, is vested with the power to fix the 
time for the payment of its taxes, and when the same shall 
become delinquent to fix penalties, interests and costs on delin- 
quent taxes, within the laws applicable to State and county 
taxes, as to provide for the advertisement and sale of property 
upon which delinquent taxes may be due; and said city is 
vested with power, by ordinance, to enforce the collection of 
its delinquent taxes by all the means provided for the collection 


of delinquent State and county taxes.’ 


(§ 112.) Sec. 3. In fixing the annual tax rate the ordinance 
shall designate what proportion of the total rate is levied for 
the Police Department, for the Fire Department, for streets, 
for sewers, for school purposes, for lights, for official salaries, 
for judgments and costs, for interest and Sinking Fund, for 
claims, for health and hospitals, for rent, for water for public 
buildings, for the Park Commission, for general and miscel- 
laneous purposes, and for any other specific purpose for which 
a tax may be lawfully levied for the ensuing year. And the 
annual appropriation ordinance shall apportion the tax to be 
derived therefrom accordingly. It shall not be obligatory upon 
the Legislative Council to make a levy and appropriation for 
all of the purposes above enumerated, but only for such thereof 
as may be necessary, in its judgment. It shall not be lawful 
to use any funds appropriated to one purpose for any other, 
unless the same shall have been previously directed by ordi- 
nance.* 

In making appropriations for the various departments, the 
Legislative Council shall not be bound by the estimate submitted 
by the officer or board in charge of such department, but shall 
appropriate only so much as they shall deem necessary’. 


It shall not be lawful to expend in any year a greater amount 


2 Act of February 1, 1905, repealing Chapter 301 of Acts of 1899 and all other 
acts in conflict. 


3 Chapter 54, Acts 1905, Section 27. 


CHARTER OF THE CITY OF MEMPHIS. 


89 


in any department than shall have been appropriated for that 


department.’ 


(§ 113.) Sec. 4. In the exercise of said power the Legis- 
lative Council shall always levy and impose sufficient tax to 
pay the interest on the outstanding bonds of said city, and to 
provide a sinking fund for the retirement of the bonds them- 


selves, as required by the law under which bonds were issued.* 


(§ 114.) See. 5. Section 1 of Chapter 172 of the Acts of 
1895, and Section 4 of Chapter 84 of the Acts of 1893, and Sec- 
tion 1 of Chapter 19 of the Acts of 1899, and all amendments 
thereto, prohibiting the City of Memphis from levying more 
than six hundred thousand ($600,000) dollars of taxes for any 
one year within the original eleven (11) wards of such city, 
are hereby amended so as to provide that the gross tax levy for 
general purposes shall not exceed one million one hundred thou- 
sand ($1,100,000) dollars for the entire City of Memphis, and 
said Legislative Council is vested with the power of making 
the total gross levy on the entire city for every purpose (exclu- 
Sive of the park tax, the levy or overflow tax for Wolf and the 
Mississippi River, and all other special taxes), for any one 
year on realty, personalty and merchants’ capital, not more 
than one million one hundred thousand ($1,100,000) dollars. 

[Provided, that the Legislative Council of the City of Mem- 
phis, in levying said one million one hundred thousand ($1,100,- 
000) dollars, shall apportion between the first eight wards and 
the Ninth, Tenth and Eleventh wards of the city that part of 
the levy necessary to pay the interest and sinking fund of the 
municipal debt, as now required by law, and it is the further 
purpose and intent hereof that the territory annexed by the 
act of January 25, 1899, shall pay no part of the interest and 
sinking fund on the city’s debt outstanding at that time, and 


that the tax levy necessary to raise such interest and sinking 


3 Chapter 54, Acts 1905, Section 27. 
4 Chapter 84, Acts 1893. 


Sinking fund. 


Maximum of 
tax levy. 


How appor- 
tioned. 


90 


CHARTER OF THE CITY OF MEMPHIS. 


fund shall be apportioned between the first eight wards and 


the Ninth, Tenth and Eleventh wards as required by the acts 


and ordinances under which the indebtedness of the city was 


funded, but this shall not affect the liability of said annexed 
territory for the principal or interest of any indebtedness in- 
curred since such annexation. ]* 
UNIFORM RATE OF TAXATION. 
Notrr.—Whether there shall be a uniform rate of taxation or 


three rates of taxation, according to the location of property 


in the city, has been a vexatious question. By the annexation 


act of 1899, different rates of taxation were provided for, and 
there was a provision to the effect that, in case the Supreme 
Court should hold that different rates were unconstitutional, then 
the property should be considered as annexed, notwithstanding 
a uniform rate would prevail. 

In 1905, the Legislature repealed this and amendatory acts, 
and provided that a uniform rate should prevail throughout all 
of the wards of the City of Memphis. Then the Legislature of 
1907 repealed the act of 1905, without stating that the law pro- 


viding for the three rates was revived. The City Attorney 


has expressed the opinion that we should levy a uniform rate 


throughout the city. While it is a general principle of law, 
with exceptions, that the repeal of a repealing statute revives 


the old law, still this principle has been declared by the Su- 


preme Court ‘of Tennessee not to apply to the enactment of 


local laws, such as the charter of a municipal corporation. If 
the Legislature of 1905 had intended.to revive the old law when 
it repealed the act of 1905, commonly called the Boyle Bill, 
then it would have been necessary to have so stated. Upon the 
contrary, this was not only not done, but the Legislature sub-— 
sequently passed what is commonly called the commission form 
of government bill, and which, in effect, provided for a uniform 


rate of taxation throughout the city, and the government which 


1 Section 5 passed in 1903, Senate Bill 455. 


CHARTER OF THE CITY OF MEMPHIS. 


91 


for a time usurped the city government levied a uniform rate 
throughout the city. These facts tend to show that it was the 
intention of the Legislature to return to a uniform rate of taxa- 
tion, though the casual observer would probably think other- 
wise.—Extract from Report of Hon. James H. Malone, Mayor, 
‘filed March 23, 1908. See Book B, page 74, Board of Public 
Works. 


For information of those concerned, the Boyle Bill will be 


here given, and the act repealing the same: 


CHAPTER 345, ACTS 1905. 
(BOYLE BILL.) 

Only one city tax rate on real and personal property sliall 
be levied, and this one tax rate shall apply equally and uniformly 
to all real and personal property within the limits of such city, 
without discrimination on account of location or character of 
such property. But property exempt from taxation. under exist- 
ing laws shall not be affected by this act. All acts and parts of 
acts in conflict herewith are hereby repealed. 


Passed April 13, 1905. 


CHAPTER 198, ACTS 1907. 
REPEALING BOYLE BILL. 

Section 1. Be it enacted by the General Assembly of the State 
of Tennessee, That Chapter 345, being House Bill No. 797 of the 
Acts of the General Assembly of 1905, be, and the same is hereby, 
repealed. 

Sec. 2. Be it further enacted, That this act take effect from 
and after its passage, the public welfare requiring it. 

Passed March 29, 1907. 


TAX RATE UNDER COMMISSION GOVERNMENT. 


(Under Chapter 298, Acts 1909, Sections 46-47, all special taxes heretofore pro- 
vided for are abolished, and the city has the power to levy and collect a general 
ad valorem tax upon ALL REAL AND: PERSONAL PROPERTY IN THE CITY OF 
MEMPHIS, not to exceed $2.00 on every $100 of assessed value for all purposes; 
the Commission to pay to the School Board 25¢ on every $100; to the Park Com- 
mission 15¢c on every $100, and to:the Cossitt Library .08c on every $100 of as- 
sessed values.) Compiler’s note. 


92 


CHARTER OF THE CITY OF MEMPHIS. 


All property 
subject to 
taxation. 


Privilege 
taxes remain 
as at present 
until changed. 


State laws 
for enforce- 
ment of taxes 
applicable 

to city. 


City depart- 
ments must 
submit re- 
port of ex- 
penditures for 
past year and 
estimate for 
succeeding 
year 30 days 
before levy. 


Sewer and 
street tax of 
$1 on the $100. 


(§ 115.) Sec. 6. The power conferred thus to impose taxes 
shall apply to every object and subject of taxation within the 
corporate limits of the City of Memphis. Said power shall ex- 
tend to every species of property, and to privileges and wharfage 
dues, and all other things upon which the Legislature or the 
city has heretofore laid taxes, rates or assessments for the 
support and maintenance of said government, the object being 
to provide for the exercise of the power herein conferred upon 
the restrictions named as fully as the same could be exercised 


if the Legislature, and not the city, were exercising the power.* 


(§ 116.) Sec. 7. All laws imposing privilege taxes for said 
municipality shall remain in force until changed by the State 


or by such municipality under the authority here delegated.’ 


(§ 117.) Sec. 8 All laws providing means, or giving liens 
or remedies for the collection and enforcement of taxes for such 
municipality heretofore levied by the General. Assembly shall 
be and remain in force and apply to the collection of said taxes 


when levied by said city under the authority hereby conferred.2 


(§ 118.) Sec. 9. Hach department of the city government 
shall, at least thirty days before the tax levy for the succeeding 
year, submit in writing.an estimate of revenue required by it, 
and also a report of its aggregate expenditures for the expiring 
year, which estimates and reports shall be published at least 
once a week for the four weeks next preceding the annual tax 
levy, for the information of the citizens and taxpayers of said 


eity.7 


(§ 119.) See. 10. For the purpose of enabling the City of 
Memphis to build, repair and improve the streets, highways 
and bridges within [or which may hereafter be annexed or 
brought within]* the territory of said city, and to complete the 
sewer system thereof, the said City of Memphis is hereby au- 


thorized and empowered to levy and collect an ad valorem tax 


2 Sub-Sections 6 to 9, inclusive, passed in 1898. See Acts 1893, page 110. 
3 In brackets passed April 22, 1909. See Chapter 243, Acts 1909. 


CHARTER OF THE CITY OF MEMPHIS. 


of one dollar on the one hundred dollars of taxable property 
situated within the limits of said city.’ 

Said tax shall be payable in five annual installments of twenty 
cents on the $100 each, and said installments shall be collected 
upon the State and county assessment preceding said install- 
ment, and said improvement tax installments shall become due 
and delinquent at the same time, respectively, as the current 


taxes of the city.* 


(3 120.) Sec. 11. 
Receiver of the City of Memphis. 


Said taxes shall be collected by the Tax 
In order to facilitate these 
improvements, the Board of Fire and Police Commissioners is 
authorized and empowered to anticipate any special installment 
of said special tax, and to pledge the same for the repayment 


of said special tax so anticipated by the city or advanced to it.* 


(§ 121.) Sec. 12. All taxes levied for the years of 1879 to 
1888, both inclusive, may be carried, when collected, to surplus 
account, and be subject to appropriation to any legitimate cor- 
porate purpose by the Legislative Council of said city. 


Acts 1897.) 


(§ 122.) Sec. 13. All turnpike, highway and bridge taxes 
collected in territory annexed to the city by any act of the 
Legislature shall be at once turned over to the Board of Fire 
and Police Commissioners, to be by them expended upon the 


turnpikes, highways and bridges in said annexed territory. 


(§ 123.) Sec. 14. Authority is conferred upon the city, by 
and through its Legislative Council, by a general ordinance or 
resolution, to release and have stricken from the tax roll all 


taxes claimed or alleged to be due for years prior to 1879. 


(§ 124.) Sec. 15. All revenue arising from assessments on 


real and personal property, privileges and polls levied on ac- 


1 Sub-Sections 6 to 9, inclusive, passed in 1893. See Acts 1893, page 110. 


4 Sub-Sections 10 and 11, passed in 1893. See Chapter 10 of Acts of Extraordi- 
amet Session of 1893, amendatory of Chapter 166, Acts 1899, and Chapter 1, Acts 
of 1891. 


(Ch. 224, 


93 


Paid in five 
annual in- 
stallments. 


To be collect- 
ed by Tax Re- 
ceiver, but 
may be antic- 
ipated. 


Taxes of 1879- 
1888 carried 
to surplus 
account, 


Turnpike, 
highway and 
bridge taxes 
collected from 
annexed ter- 
ritory to be 
expended 
therein. 


Taxes prior 
to 1879 may 
be released. 


94 


CHARTER OF THE CITY OF MEMPHIS. 


School tax to 
be paid 
weekly to 
treasurer of 
School Board. 


Privileges 
declared. 


- Privilege 
taxes—how 
applied. 


Fines, ete.—to 
whom paid 
over. 


Payment of 
salaries, print- 
ing, ete. 


Taxes—by 
whom collect- 
ed and how 
paid out. 


Misappro- 
priation. 


count of public schools or public education -in the city, shall 
be for the use and benefit of the public schools of the city, and 
when the tax is collected it shall be paid over weekly to the 


Treasurer of the Board of Education of the city. 
' PRIVILEGE TAXES. 


(§ 125.) Section 1. The following named kinds of business 
and occupations shall be, and the same are hereby declared taxable — 
privileges, and shall be taxed as herein provided; and the exer- 
cising of any of said privileges without first paying the tax 
hereby fixed, shall be a misdemeanor. : 

The Council may levy and collect an annual tax on all privi- 
leges exercised within the city limits, equal to the tax imposed 
thereon for State purposes,’ said privilege tax to be applied 
to the paving of streets and construction of sewers or drainage 
of said territory. All privilege taxes nan for said district 
shall permanently, and until otherwise enacted, be applied to 
the paving of streets and construction of sewers and the drain- 
age of the territory. All moneys derived from fines and for. 
forfeitures, market and other rents, and inspector’s fees, shall 
be paid over to the said Trustee and held for payment of sala- 
ries of Commissioners and any other municipal officer, and for 
any other legitimate municipal purpose or expense; said taxes 
shall be collected by the County Trustee in lawful money of 
the United States, as other State taxes are collected, each fund 
by him to be kept separate, and to be paid out by him for the 
purpose specified upon the warrant of three of said Commis- 
sioners. In no other case shall the fund collected for one pur- 
pose be used for any other, nor shall said Commissioners issue 
any warrants unless the money is in the hands of the Trustee 
at the time to redeem them, under penalty of being held person- 


ally liable by the holder of the warrant. 


1 By Chapter 153 of the Acts of 1885, ad valorem taxes levied for the District 
become delinquent on the Ist day of May, and by act of February 1, 1905, Coun- 
cil may provide by ordinance when taxes shall become delinquent. 


CHARTER OF THE CITY OF MEMPHIS. 


SF 


ARTICLE 18. 

FRONT FOOT ASSESSMENT ACT. 
CHAPTER 341, ACTS 1907, AND AMENDMENTS OF 
FEBRUARY 15, 1909. 

HOUSE BILL NO. 438. 

AN ACT to Brower municipalities having a population exceed- 
ing 100,000 inhabitants by the Federal census of 1900 or any 
subsequent Federal census to open, extend, widen, grade, pave, 
macadamize, or otherwise improve streets, alleys and high- 
ways; to levy and collect special taxes and local contributions 
on real estate abutting the same; to authorize the issuance of 
certificates of indebtedness to pay for the same; to provide 
for the redemption of such certificates; and to authorize the 


creation of improvement districts. 


(§ 130.) Section 1. Be it enacted by the General Assembly of 
the State of Tennessee, That in all municipalities of this State 
having a population of not less than 100,000 inhabitants, accord- 
ing to the Federal census of 1900, or any subsequent Federal 
census, it shall be lawful for the legislative bodies of such mu- 
nicipalities, of their own motion and without petition of prop- 
erty owners, to provide by ordinance for the improvement of any 
street, highway or alley or part or parts thereof, in such mu- 
nicipality by opening, extending, widening, grading, paving, 
macadamizing, curbing, guttering or otherwise improving, in 
such manner and with such materials and with such culverts 
as such legislative bodies may determine, and to provide for mak- 
ing special levies or assessments upon the land abutting on such 
street, highway or alley or part or parts thereof to be improved, 
in the manner hereinafter set forth, to pay two-thirds of the cost 


of such improvement.’ 


(§ 131.) (Sec. 2 of Chapter 341 of the Acts of 1907. Repealed. 
See Section 2 of the Acts of 1909, Senate Bill No. 282.) 


1 Amendment Senate Biil 282, Acts of 1909. 


Giving city 
initiative for 
the improve- 
ment of 
streets, etc. 


96 


CHARTER OF THE CITY OF MEMPHIS. 


Ordinance to 
be passed or- 
dering im- 
provement. 


Notice of 

adoption of 
_ ordinance to 
be published. 


What notice 
to contain. 


Protests. 


Board may 
confirm, mod- 
ify or rescind 
ordinance. 


(§ 182.) (Section 3 of Chapter 341 of the Acts of 1907. Re- 
pealed. See Section 2 of the Acts of 1909, Senate Bill No. 282.) 


(§ 1s8 yee. 4. 


lic improvement authorized by the preceding section, two-thirds 


Before any work shall be done on any pub- 


of the cost of which is to be assessed against the property abut- 
ting on the street, highway or alley, or part or parts thereof 
to be improved, it shall be the duty of the legislative body of 
the municipality to adopt an ordinance that such improvement 
or improvements shall be made, which ordinance shall state 
the general character of the improvement or improvements, and 
name the location and terminal points thereof, and the streets, 
alleys or highways or part or parts thereof on which such im- 
provement or improvements are to be made. Notice of the 
adoption of such ordinance shall be given by publishing such 
notice three times in some daily newspaper of general circula- 
tion in such municipality. It shall not be necessary to set 
out in full in such notice said ordinance, and it shall not be 
necessary to publish such ordinance at all, but such notice shall 
state the approximate cost of such improvement or improve- 
ments, and also the time and place, not earlier than ten days 
from the last date of such publication, at which the legislative 
body of such municipality shall meet, to hear remonstrances 
or protests against the making of such improvement or improve- 
ments. At the time and place thus appointed the legislative body 
shall meet, and if the legislative body consists of two branches 
shall meet in joint session, and at said meetings, or at a time 
and place to which the same may be from time to time ad- 
journed, all persons whose property will be affected by such 4m- 
provement or improvements may appear in person or by attor- 
ney or by petition, and protest against the making of such 
improvement or improvements, and, after hearing such protests, 
if any, said legislative body may confirm, modify or rescind 


such ordinance, in whole or in part.’ 


2 Section 4 amendment Senate Bill 282, Acts 1909. 


CHARTER OF THE CITY OF MEMPHIS. 


97 


(§ 134.) Sec. 5. If any such improvement is finally ordered, 
the legislative body of the municipality shall have power and 
authority, after completion and acceptance thereof by the legis- 
lative body, to assess two-thirds*of the cost of making any such 
improvement upon and against the several lots or parcels of 
land abutting the street, highway or alley or part or parts 
thereof, improved according to their respective frontages; pro- 
vided, however, that said assessment upon any lot shall not 
exceed one-third of the assessed value thereof for city taxes for 
the current year; and all such assessments shall be and consti- 
tute a lien on the respective lots or parcels of land upon which 
they are levied superior to all other liens, except those of the 


State and county for taxes.’ 


(§ 135.) Sec. 6. When the amount to be assessed against 
each lot or parcel of land for any improvement shall have been 
ascertained, the City Engineer shall cause the same to be en- 
tered in a well-bound book prepared for the purpose, which shall 
show the names of the owners of the property assessed, if known, 
and opposite each name the description of each lot or parcel 
of land assessed belonging to such owner and the amount as- 
sessed against each, and shall contain appropriate columns in 
which payment may be credited and the lien of the assessment 
marked satisfied by the proper officers of the municipality; and 
if the name of the owner of property proposed to be assessed 
be unknown, said book shall contain under the head of ““Owner 
Unknown” a list of the property to be assessed, the owners of 
which are unknown. After the completion of the proper entries 
of each improvement, said book shall be delivered to the City 
Register or Clerk, who shall thereupon give notice by publication 
in some daily newspaper of general circulation in said munici- 
pality that said book of assessment for public improvements has 


been delivered to him, and is open for inspection at his office; 


3 Section 5 amendment Senate Bill 282, Section 5, Acts 1909. 


Power to 
assess two- 
thirds of cost 
against prop- 
erty, ete. 
Lien created. 


Entry of 
assessment. 


Manner of 
assessment. 


City Clerk 
give notice 
for inspection. 


98 


CHARTER OF THE CITY OF MEMPHIS. 


Contents of 
notice. 


Objection 
filed. 


Assessment— 
when due. 


and at a time and place named therein, not less than ten days 
from the date of publication, the legislative body of such mu- 
nicipality will meet to hear and determine any objection or de- 
fense that may be filed in his office by any owner of property 
proposed to be assessed against the said assessment. Said notice 
shall also state the general character of the improvement, the 
terminal points thereof, and the streets, alleys or other high- 
ways or portions thereof along which it is to be constructed. All 
persons whose property it is proposed to assess for the cost of 
said improvement may, at any time on or before the date named 
in said notice, and before said meeting, file in writing with the 
Register or Clerk or Secretary of the municipality, or in his 
office, any objection or defense to the proposed assessment against 
his property or to the amount thereof; and at a meeting on the 
date named, or any date to which said meeting may be ad- 
journed, said legislative body of said municipality shall hear 
and determine said objection or defense, and, after so doing, 
shall confirm, modify or set aside the assessment. If no objec- 
tion or defense to the assessment or to the amount thereof is 
filed, or if the property owner fail to appear in person or by 
attorney and insist upon the same, the assessment shall be con- 


firmed and made final. 


(§ 136.) Sec. 7. All assessments levied by virtue of this 
act shall be due and payable within thirty days after the assess- 
ment is made final as aforesaid, but at the election. of the prop- 
erty owner, to be expressed by notice as hereinafter provided, 
said assessment may be paid in five annual installments, and 
shall bear interest at the rate of six per cent. per annum, interest 
payable annually; that a property owner desiring to exercise the 


privilege of payment by installments shall, before the expiration 


Agreement for of the thirty days aforesaid, enter into an agreement in writing 


payment by 
installment. 


with the municipality that, in consideration of such privilege, 
he will make no objection to any illegality or irregularity with 


regard to the assessment against his property, and will pay 


CHARTER OF THE CITY OF MEMPHIS. 


the same, as required by law, with the specified interest; that 
such agreement shall be filed in the office of the Register, Clerk 
or Secretary of the municipality, and in all cases where such 
agreement has not been signed and filed within the time lim- 
ited, the entire assessment shall be payable in cash, without 
interest, before the expiration of said thirty days; provided, that 
any property owner who shall have elected to pay his assessment 
in five annual installments shall have the right and privilege of 
paying up the assessment in full at any installment period by 
paying the full amount of the installments, together with all ac- 
crued interest thereon. Should such property owner elect to 
pay off his installments in full between the installment periods, 
all assessments or installments thereof shall be payable to the 
City Tax Receiver or Treasurer, whose duty it shall be to re- 
ceive the same and give proper receipts therefor and enter the 


proper credit and satisfaction. 


(§ 137.) 


in the payment of any installment and interest, the entire un- 


Sec. 8.. Upon default for the period of thirty days 


paid assessment shall immediately become due and payable and 
the lien thereof foreclosed, and collection enforced by the mu- 
nicipality. 

The property thus sold may be redeemed at any time during 
a period of two years after said sale by paying costs, penalties, 


and interest having accrued on account of said sale. 


(§ 138.) 


debtedness, as provided in Section 9 of said Chapter 341 of the 


Sec. 9. That, instead of issuing certificates of in- 
laws of 1907, legislative bodies of such municipalities shall have 
‘power, at their option, to issue negotiable bonds of the munici- 
pality to an amount in par value not exceeding two-thirds of the 
estimated cost of any such improvement or improvements, which 
cost shall for this purpose be estimated by the legislative body 
in the ordinance authorizing the issue of Said bonds; such bonds 


shall be payable to bearer in lawful money of the United States, 


99 


Payment be- 
fore due. 


To whom 
paid. 


Default in 
payment. 


Redemption. 


Bonds. 


Board may 
issue bonds 
not exceeding 
two-thirds of 
estimated cost 
(instead of 
certificates). * 


100 


CHARTER OF THE CITY OF MEMPHIS. 


Coupons. 


Interest. 


Council may 
provide for 
payment of 
bonds at any 
interest pay- 
ing period. 


Bonds re- 
deemed _ be- 
fore maturity 
—how and 
when. 


Sale of 
bonds. 


General 
obligation. 


either at the office of the Treasurer of the municipality,.or at 
such other place in the United States as may be designated in 
the bond, and be in such form and signed by such officers as 
may be provided in the ordinance directing their issue. Coupons 
may bear a fac simile signature or signatures. In case any of 
such officers whose signatures appear on the bonds or coupons 
shall cease to be such officer before the delivery of such bonds 
to the purchaser, such signatures shall nevertheless be valid and 
sufficient for all purposes, the same as if they had remained 
in office until the delivery of the bonds. The bonds shall run 
for one, two, three, four and five years, and bear interest at a 
rate not exceeding six per centum per annum, as may be desig- 
nated in the bonds, payable semi-annually, and such bonds shall 
be of such denomination as the legislative body may direct. The 
municipality may, in its discretion, in such ordinance provide 
that any bonds shall be payable at the option of the municipality 
at any interest-paying period, and in the event of bonds being 
thus made payable at the option of the municipality before ma- 
turity, and in the event that the municipality shall elect to pay 
any such bond in full at any interest period before its maturity, 
it shall pay as a bonus to the holder thereof a sum equal to 
one-half of the annual interest thereon for one year; provided, 
however, that the legislative body shall give public notice before 
any such interest period by publication three times once a week 
for three consecutive weeks in a daily newspaper published in 
such municipality, the first publication to be not less than thirty 
days prior to the interest period at which it is proposed to re- 
deem the bonds, such notice stating the intention to redeem the 
bonds and describing them by number and series. The munici- 
pality shall have no right or option to pay any bonds prior to 
maturity, unless such right or option is expressly reserved in 
the bonds. Said bonds shall be sold at public or private sale 
at not less than par and accrued interest. Such bonds shall be 


the absolute and general obligation of the municipality. The 


CHARTER OF THE CITY OF MEMPHIS. 


legislative body of the municipality shall provide by ordinance 
that the assessments levied upon the property abutting on the 
streets, alleys or highways, or part or parts thereof in respect 
of which any such bonds are issued, shall be set apart as a fund 
for the payment of such bonds and interest. It shall be the 
duty of the legislative body of the municipality to levy an ad 
valorem tax upon all the taxable property in the municipality 
to pay the principal and interest of said bonds as it becomes due, 
or to pay such part or parts thereof as are not provided for by 
the assessments levied and actually collected and in the treasury 
of the municipality set apart for the payment of such bonds and 
interest. Such tax shall be in addition to all other taxes which 
such municipality is by law authorized to levy; any ordinance 
authorizing the issuance of any such bonds may be passed by 
both branches of the legislative body, if there be two branches, 
in joint session, upon two readings, one reading being on each 
of two separate days, the ordinance to be approved by the Mayor 
or passed over the veto of the Mayor by a vote of not less than 
two-thirds of the total number of members-elect of the joint ses- 
sion, and neither such ordinance, nor the bill for the same, need 
be published at any time before passage, and after passage the 
ordinance need be published only once in some daily newspaper 
published in the municipality. Such ordinance may, in the dis- 
cretion of the legislative body, provide for the issuance of bonds 
in one lot or amount in respect of any one or more of such im- 
provements on one or more streets, alleys or highways or part 
or parts thereof, and may, in the discretion of the legislative 
body, provide that any assessments levied in respect of any such 
improvement or improvements on one or more streets, alleys or 
highways or part or parts thereof, may be applied as a whole 
toward payment of such entire lot or amount of bonds or interest 
thereon, and it shall not be necessary that each assessment for 
each separate improvement shall be kept separate and applied 


to the bonds issued in respect of that particular improvement. 


101 


Assessments 
set aside 

for payment 
of bonds, ete. 


Levy tax in 
addition to 
other taxes, 
to pay bonds 
and interest. 


Ordinance 
authorizing 
issuance— 
how passed. 


Publication. 


Assesssments 
may be ap- 
plied in pay- 
ment of en- 
tire lot of 
bonds, etc. 


102 


CHARTER OF THE CITY OF MEMPHIS. 


Award of 
bonds. 


Issuance of 
bonds; no 
steps other 
than herein 
provided. 


Form of bond. 


After the passage of any ordinance authorizing the issue of 
bonds, any proceeding authorizing the advertisement or sale 
or award of the bonds may be taken by order made at a joint 
session of the two branches of the legislative body, if there be 
two branches, and need not be by ordinance. 

No proceedings on the part of any such municipality in re- 
spect of the issuance of any such bonds shall be necessary except 
such proceedings as are required. by this act. Any such bonds 
may, in the discretion of the legislative body of the municipality, 
be issued in substantially the following form, or in such other 
form as the legislative body of the municipality may, from time 


to time, prescribe: 


UNITED STATES OF AMERICA, 
STATE OF TENNESSEE. 
CTEY OF peau a eek ore 
No. SERIES Deke ee 

PRE MCILY, 40th tate iel 5 kane , a municipal corporation organized 
and existing under the laws of the State of Tennessee, for value 
received, hereby acknowledges itself indebted and promises to 
pay to the. bearer the ‘sum -of)'$...0006)..64% , in lawful money of 
the’ United States; on ‘the first day of... ... >see eee DD cttes 
with interest thereon at the rate of........ per centum per an- 
num, payable semi-annually on the first days of................ 
ANG now eee in each year until this bond is paid, upon 
presentation and surrender of the annexed coupons as they sev- 
erally fall due, both principal and interest being payable at 
the office cof the sCitys ot ah ese INS eee Tennes- 
see, or ab athe. Office “Obs uae t. cocae are IN. oi) oe ee are 
the option of the holder. 

This bond is issued under and in pursuance of and in strict 
conformity with an act of the General Assembly of the State of 
Tennessee, approved April 11, 1907, being Chapter 341 of the 
Acts of the year 1907, and other statutes and the Constitution of 


said State and the charter of said city, in such cases made and 


CHARTER OF THE CITY OF MEMPHIS. 


provided and under and pursuant to ordinances and proceedings 
of said city, duly adopted and had, to provide means to pay not 
exceeding two-thirds of the estimated cost of certain street im- 


provements. 


It is hereby certified, recited and declared that all acts, condi- 
tions and things required to be done, exist and be performed 
precedent to and in the issuance of this bond, in order to make 
this bond a legal, valid and binding obligation of the City of 
on See have been done, existed and been performed 
‘in regular and due time, form and manner as required by law, 
and that the indebtedness represented by this bond, together 
with all other indebtedness of said city, does not exceed any 
limit prescribed by the Constitution or statutes of said State 
or the charter of said city. The full faith and credit of the 
0 a rr are hereby pledged for the prompt pay- 
ment of the principal and interest of this bond as the same 


become due. 


In witness whereof, the Mayor of said City of................ 
(2 ON te | a of said city have signed this bond 
and attached the seal of said city, and caused the interest cou- 


pons hereto attached to be signed with the fac simile signatures 


meesiMavor atd- said City. ....... 2. beet , and this bond be 


If the municipality reserves the right or option to pay off 
said bonds before maturity, such right or option shall be ex- 
pressly reserved in the bonds, and the language of such reserva- 
tion inserted in such case in the bond may be substantially as 


follows, or in any other appropriate language: 


PORCeIL US OLs 5 6s. psc ee vos hereby reserves the right and option 
to pay off this bond at any interest-paying period before ma- 


mbiuyseatds inthe event the City’ of: ic.. es. esack. ss shall elect 


103 


104 


Certificates of 
indebtedness. 


CHARTER OF THE CITY OF MEMPHIS. 


to pay off this bond in full at any interest period before ma- 
turity, it shall and will pay as a bonus to the holder thereof 
a sum equal to one-half of the annual interest thereon for one 
year; provided, however, that the legislative body of said mu- 
nicipality shall give public notice before such interest period 
by publication three times once a week for three consecutive 
weeks in a daily newspaper published in the City of 
Filia aus Breau, Comet , the first publication to be not less than thirty 
days prior to the interest period of this bond, stating its inten- 


tion to redeem the same, and describing the same by number 


and series. 
ForM OF COUPON. 

NGite Ras Wee Bren ee ae 

On the rst day sof. is. ot ave eee ae 19...5,: the City: of 
sone LEDA Re Babe vacted Caan ees ore , Tennessee, will pay to the bearer at the 
office ef- the -Cityashe.s foc eesaketcs Cs MMMM Ser 5 at , Ten- 
nessee;. .orvat-the “otfice sof. G.....6 a. eee , IN. ive ee eee ee ; 
at the option of the holder, ............ dollars, being six months 


interest then due on street improvement bond of said city, dated 


(§ 1389.) [See. 9a. After the construction of any improvement 
shall have been finally ordered and entire cost thereof estimated, 
the fesieietive body shall have the power and authority for the 
purpose of providing means to pay the expense of said improve- 
ment, to order the issue of, and issue and sell at not less than 
par, certificates of indebtedness at an amount not to exceed three- 
fourths of the estimated cost of said improvement. Said certifi- 
cates shall be negotiable, payable to bearers, and shall have 
attached thereto coupons for the interest thereon, and shall be 
payable in lawful money of the United States and be in such 


form as may be provided in the ordinance directing such issue. 


1 Section 9 is the amendment of 1909, Senate Bill 282, Section 5. 


CHARTER OF THE CITY OF MEMPHIS. 


105 


The certificates shall run for one, two, three, four and five years, 
and bear interest at the rate of six per cent. per annum, payable 
semi-annually, at such place or places as may be named therein, 
and shall be in such denominations as said legislative body may 
direct. Any certificates of indebtedness issued hereunder shall 
be payable at the option of the municipality at any interest-paying 


period. In the event such municipality should elect to pay off 


any such certificate in full at any interest period, it shall pay- 


as a bonus to the holder thereof a sum equal to one-half of the 
annual interest thereon for one year; provided, however, that 
said legislative body shall give public notice before such interest 
period by publication three times, once a week for three consecu- 
tive weeks, in a daily paper published in such municipality, the 
first publication to be not less than thirty days prior to the 
interest period of said certificates proposed to be redeemed, 
stating its intention to redeem the same and describing the same 
by number and series. They shall state on their face the cap- 
tion and number of the ordinance under which said improve- 
ment is constructed, and said ordinance shall state the general 
character of the improvement to pay for which they shall be 
issued, and the terminal points thereof, and the streets, highways 
or alleys or parts thereof along which the improvement is to 
be constructed as hereinbefore provided. They shall be issued 
ynoder the corporate seal of such municipality, and the certificate 
shall be signed by the chief officer and Register or Clerk of said 
municipality, and the coupon shall bear the fac simile signature 
of said chief officer and Clerk or Register; provided, however, 
that the validity of said certificates shall be in no wise affected 
by reason of any defect in the form thereof, or any omission 
therefrom. The proceeds arising from the sale of said certifi- 
cates, or so much thereof as may be necessary, shall be applied 
exclusively to the payment of the cost of the improvement, to 
pay for which said certificates were issued; but if there should 


remain any surplus after paying such cost, the same shall be 


When payable. 


Form of 
certificate. 


Validity un- 
affected by 
form. 


Proceeds— 
how used. 


106 


CHARTER OF THE CITY OF MEMPHIS. 


City may 
borrow 
and advance. 


May issue 
direct to 
contractor. 


Separate fund. 


and become a part of the fund pledged for the payment of said - 
certificates; provided, however, that the legislative body of such. 
municipality may borrow money and advance the same for: the 
construction of such work and improvement; and, after the 
completion of such work and assessment of the cost thereof shall. 
have been made final, the said legislative body may then issue 
and sell berafestce as hereinbefore provided in such amounts. 
as may be necessary to pay two-thirds of the cost of said im- 
provements, including such amounts as may be borrowed for that 
purpose, and all interest and other expenses so incurred for the. 
construction of said improvements, as hereinbefore provided, 
shall be charged and assessed as a part of the cost of such im- 
provements upon the property assessed for the same. But said 
legislative body may provide in the ordinance ordering the im- 
provement to be constructed, or in the agreement with the con- 
tractor by whom it is to be done, for the issue of all or a part 
of such certificates directly to the contractor, at not less than 
par value in part or in full payment of the contract price, in. 
which case the certificates shall be delivered to the contractor 
upon completion and acceptance of the work and allowance of 


the final estimate. |* 


(§ 140.) Sec. 10. The proceeds arising from the collection 
of assessment levied for each improvement shall be and consti- 
tute a separate and distinct fund, and each such fund, together’ 
with its accumulations, is hereby pledged for the payment of 
the certificates and interest coupons issued for the improvement, 
from the assessment of which said fund arises, and shall be 
applied exclusively to the payment of said certificates and cou- 
pons.? 

It shall be the duty of the Treasurer or Tax Receiver of 


such municipality to keep an accurate account of all funds 


1 Section 9a, original Secticn 9 of Chapter 341, Acts of 1907, same being © 
amended in part by Section 9 preceding. : 

2 Paragraph 1 of Section 10, Chapter 341, Acts 1907, amended by Senate Bill 
282, Acts 1909, Section 5 (Section 9 in this Article). 


CHARTER OF THE CITY OF MEMPHIS. 


arising from all assessments for public improvements under this 
act, and to carefully and accurately keep a separate account 
of the funds arising from the collection of assessments for each 
particular improvement, and no proceeds arising from assess- 
ments levied for one improvement shall be diverted to the pay- 
ment of the certificates issued for any other improvement, or 
to the payment of any other indebtedness of such municipality; 
provided, however, that if at any time the amount of any par- 
ticular fund shall exceed the amount of any outstanding certifi- 
cates and interest entitled to payment out of such fund after the 
payment of any sum that such municipality may have advanced 
or borrowed for the purpose of constructing said improvement, 
the legislative body of said municipality shall apply such sur: 
plus to the redemption of certificates issued for such improve- 
ments as hereinbefore provided, and all certificates so redeemed 
shall be canceled; provided, further, that said legislative body 
shall have the power, after the expiration of sixty days from 
the date of the final assessment for any improvement, if no cer- 
tificates of indebtedness for said improvement have been issued 
and sold, to order the payment out of the proper fund to the 
contractor who constructed the improvement of all or any part 
of the assessment for said improvement previously collected, 
or to reimburse from said collection the general funds of the 
city to the extent of any money advanced out of the general 
fund or borrowed to pay the cost of said improvement, and to 
issue and sell certificates as hereinbefore provided, either to 
the contractor in full settlement, or to others, to an amount 
not exceeding the balance due the contractor and the general 
fund of the city, or borrowed for such purpose. If there shall 
be any surplus arising from the sale of certificates issued for 
any improvements above the cost of said improvement, said 
surplus shall be and become a part of the fund levied for said 
improvement, and shall be kept and applied in the manner as 


said fund is herein required to be kept and applied. All pro- 


107 


Separate ac- 
counts to 
be kept. 


Certificates to 
be retired. 


Fund may be 
paid direct to 
contractor. 


108 


CHARTER OF THE CITY OF MEMPHIS. 


Public im- 
provement 
fund kept 
separate from 
general fund. 


Officers caus- 
ing diversion 
of fund per- 
sonally liable. 


Redemption. 


ceeds arising from the collection of assessments levied for an 
improvement shall, as soon as collected, be deposited by the 
City Treasurer or Tax Receiver, in some bank designated by 
the legislative body of such city, and such collection shall not 
be deposited with the general funds of the city, but shall be 
considered a separate deposit to the account of “Public Improve- 
ment,’ and shall be drawn out on checks or order directing the 
amount designated therein to be paid out of the public improve- 
ment fund. The City Treasurer or Tax Receiver shall be liable 
on his official bond to any holder of the certificates of indebt- 
edness authorized by this act for any loss or injury to such cer- 
tificate holder caused by the diversion by said officer of any 
fund or part thereof to the payment of any bond, certificate of 
indebtedness, or interest coupons or indebtedness of the city 
other than the certificates and interest coupons and indebtedness 
herein authorized to be paid out of said fund, or by the use or 
ea inaronentinn by said officer of any part of the fund out of 
which said certificates are required and contemplated herein to 
be paid for any other purpose than herein provided for, or for 
the benefit of the city or. others; and all members of said legis- 
lative body who shall by their vote, or in any other manner, 
cause, aid or encourage any such diversion, use or misappro- 
priation of the fund out of which the certificate holders are enti- 
tled to be paid for any other purpose than that authorized and 
required herein whereby loss or injury to the certificate holders, 
or any of them, is caused, shall be jointly and severally liable 
to such certificate holders injured to the extent of such loss or 


injury. 


(§ 141.) Sec. 11. When the amount of the fund arising from 
the collection of assessments levied for any improvement shall, 
with its accumulations, equal the amount of the outstanding cer- 
tificates and accrued interest entitled to payment out of such 
fund, the legislative body of such municipality shall have au- 


thority to redeem any and all certificates that may be presented 


CHARTER OF THE CITY OF MEMPHIS. 109 


for redemption at such time thereafter as the holders may de- 


sire to present them for redemption. 


(§ 142.) Sec. 12. Such legislative body shall have authority Sale as for 
to sell all property against which an assessment has been levied Ne ea 
at any time after said assessment shall have become due to sat- 
isfy the same, together with all costs, and such sale shall be 
governed as to notice, terms, costs and in all other respects, ex- 
cept as to the time of sale, by the laws and ordinances of such 
municipality now in force, or which may hereafter be enacted, 
providing for the sale of real estate for city taxes. But such May sell by 
legislative body shall have power to adopt other and different pein? 
laws and ordinances governing and regulating such sales of real 
estate for said assessments, and, in addition to such remedy by 
sale for the enforcement of the collection of said assessment, the 
lien of said assessment, irrespective of the amount thereof, may 
be foreclosed by a proceeding instituted in any» court of compe- 
tent jurisdiction, and in all such proceedings any number of per- 
sons, the assessments against whose property are in default, 
may be joined as defendants; provided, that after maturity of Certificate 

holders may 
any of the certificates of indebtedness issued for any improve- ™aintain bill. 
ment, the holders of the outstanding certificates, or any otf 
them, may maintain a bill of equity in his or their name to 
foreclose the lien of said assessment, irrespective of the amount 
thereof, and may recover interest, costs and reasonable attor- 
neys’ fees; and in such bill any number of persons, the assess- 
ments against whom are in default, may be joined as defend- 
ants. In such suits the lien shall be foreclosed for the whole 
amount of the unpaid assessment against the property of said 


defendant, and the recovery shall inure to the benefit of all the 


certificate holders. 
(§ 143.) Sec. 18. If any assessment levied on property for Reassessment, 
if original, 
any improvement authorized by this act be declared invalid, invalid. 


by reason of some mistake ox irregularities in the proceeding, 


110 


Proportion to 
be paid by 
railroads. 


Does not af- 
fect sidewalk 
improvement. 


CHARTER OF THE CITY OF MEMPHIS. 


the legislative body of said municipality shall have power, at 
any time before the expiration of three years from maturity 
of the certificates issued for the improvement for which assess- 
ment was levied to reassess said property; and may, when nec- 
essary, reassess all property abutting upon the street, highway 


or alley improved, the assessment for which has not been paid. 


(§ 144.) Sec. 14. Should there be a street, electric or steam 
railroad track or tracks on any street, alley or highway improved 
under this act, the cost of such improvements between the rails 
and the spaces between such tracks and two feet beyond the 
outer rails, including switches and turnouts, shall be paid by 
the owners of such railroads, and shall be assessed and col- 
lected from such owner, and shall be a lien upon the railroad 
and the property used in connection therewith; and, in the 
event a culvert be constructed, which drains streets or high- 
ways on which there is a street, electric or other railroad, there 
shall be assessed against such railroad a fair and just propor- 
tion of the cost of construction of such culvert, to be deter- 
mined by such legislative body, and such assessment shall be 
a lien like other assessments, and may be collected in like man- 
ner; provided, however, that where any such railroad shall occupy 
any street, alley or highway under ordinance or contract with 
the municipality it shall pay or improve according to the provi- 


sions of such ordinance or contract. 


($2145.55 5eG: 215. Nothing in this act shall be so construed 
as to take from the legislative body of any municipality, or in 
any way affect its power or authority to compel property own- 
ers, by penal ordinance or otherwise, to repair the sidewalks: 
in front of their property in such manner and with such ma- 
terials as may be directed, and under supervision of the City 
Engineer or other officer or agent of the city, or to cause such 


repairs to be made at the expense of the property owner. | 


CHARTER OF THE CITY OF MEMPHIS. 


{ 


111 


(§ 146.) Sec. 16. Whenever, in the judement/‘of the legis- 
lative body of such municipality, it may be necessary or expe- 
dient for the carrying out and full exercise of the powers thereby 
granted, said municipality shall have full power and authority 
to acquire, by purchase or condemnation of the necessary lands 
or rights or easements, and may proceed to condemn in the man- 
ner provided by the general laws of the State governing the 
taking of land or the acquiring of an interest therein for the uses 
for which private property may be taken, and such proceedings 
may be governed in every respect by the general laws of the 


State pertaining thereto. 


(§ 147.) Sec. 17. The full faith and credit of any munici- 


pality issuing certificates of indebtedness to pay for improve- 


ments under the provisions of this act is hereby pledged for the 


payment of such certificates, with interest; according to their 


tenor. 


(§ 148.) Sec. 18. Whenever any improvement is made, under 
the provisions of this act, for which it is herein provided that 
two-thirds of the cost thereof shall be paid by the owners of abut- 


ting real property, the municipality within whose corporate limits 


such improvement is made shall pay the remaining one-third of 


such cost out of any funds available or provided for that pur- 


pose. 


(§ 149.) Sec. 19. In the event a petition be presented to the 
legislative body of the municipality averring the willingness of 
each of the signers to pay his or her pro rata share of the entire 
cost of any improvement such as is authorized by this act and 
relieve the municipality from the payment of any part thereof 
as to any street, highway or alley or part or parts thereof, which 
petition is signed by the owners of at least seventy-five per centum 
of the frontage of the lots or parcels of land abutting on such 
street, highway or alley or part or parts thereof proposed to be 


thus improved, such petition may be granted by the legislative 


Right of emi- 
nent domain. 


City pay 
—how. 


Petitions for 
improvement 
signed by 

75 per cent of 
property own- 
ers. Bonds 
may issue’ for 
entire cost, 
ete, 


112 


CHARTER OF THE CITY OF MEMPHIS. 


Assessment 
not to exceed 
one-third of 
assessed value 


wf any one lot. 


Compensa- 
tion of 
Tax Receiver. 


Clerk. 


Ordinances 
under this 
act—how 
passed, pub- 
lished. 


body, and thereupon proceedings may be had under this act 
the same in all respects as if the improvement had been begun 
by the legislative body on its own initiative, and bonds or certifi- 
cates of indebtedness may be issued and assessments may be 
made, except that the assessments shall, in such event, be made 
for the entire cost of the improvement and bonds or certificates 
of indebtedness may be issued for the entire cost, instead of 
assessments being made and bonds or certificates of indebtedness 
being issued for only two-thirds of the cost thereof; provided, 
that no assessment under this section shall, in any event, exceed 
on any lot one-third of the assessed value of such lot for mu- 
nicipal taxes for the current year, and all other provisions ot 
said Chapter 341, as amended by this act, shall be applicable 
in respect of any improvement made under this section, except 
as in this section otherwise expressly provided. This section 
is hereby declared to be separate from the remainder of the act, 
and the validity or invalidity of this section shall not affect 


the remainder of the act.? 


(§ 150.) ' Sec. 20. Be it further enacted, That the said City 
Tax Receiver or Treasurer herein provided for shall receive the 


same compensation for collecting the moneys herein provided 


for as he does for collecting other city taxes, and said City Tax 


Receiver or Treasurer may appoint one clerk at a salary not 
to exceed one hundred dollars ($100) per month, said salary 
to be paid out of the moneys collected under this act, and ‘Said 


salary to begin at the discretion of the municipal council. 


(§ 151.) Sec. 21. Be it further enacted, That in case the leg- 
islative body of any municipality falling within the provisions 
of said Chapter 341 of the laws of 1907 has two branches, then 
any ordinance to be passed under said Chapter 341, or under said 
Chapter 341 as amended by this act, may be passed by the two 


branches in joint session upon two readings, one reading being 


1 Section 19, Acts 1907, as amended by Senate Bill 282, Acts 1909. 


CHARTER OF THE CITY OF MEMPHIS. 


on each of two separate days, the ordinance to be approved by 
the Mayor or passed over the veto of the Mayor by a vote ot 


not less than two-thirds of the total number of members-elect 


of the joint session, and neither such ordinance nor the bill for. 


the same need be published at any time before passage, and 
after passage the ordinance need be published only once in some 
daily newspaper published in the municipality; provided, that 
the ordinance required in Section 4 of this act to be passed need 
not itself be published, but only notice thereof as provided in 
Section 4. Any ordinance or orders made at or after any hear- 
ings given by any such joint session with respect to the matters 
mentioned or provided for in said Chapter 341 of the laws of 
1907, or in said Chapter 341 as amended by this act, shall be 
valid without any separate action by each chamber. Votes in 
any joint session provided for in this act shall be taken by the 
members of both branches voting together as one body, in 
which each member of either branch is entitled to one vote. A 
majority of the total membership-elect of both branches shall 


be a quorum of the one joint body. 


(§ 152.) Sec. 22. Be it further enacted, That in case a lot 
or parcel of land against which any assessment has been or shall 
be made or attempted to be made, as provided for in Section 
6, or other parts of said Chapter 341 of the laws of 1907, or said 
Chapter 341 as amended by this act, is not fully described in 
any assessment book, ordinance or notice, or in any other place 
or proceeding, then, in order to fix the identity of the lot or 
parcel, reference may be had to any plat, petition or other docu- 
ment or paper on file in the proceedings for the making of the 
improvement or for the assessment of the land, or evidence 
aliunde may be heard or vagueness of description or misde- 
scription or want of description shall not defeat the lien on 
any lot or parcel of land for its proportion of the assessment 
for any such improvement on the street, alley or highway or 


part or parts thereof abutting on such lot or parcel of land. 


113 


Vagueness of 
description; 
identity de- 
termined 
—how. 


Not to de- 
feat lien. 


114 


CHARTER OF THE CITY OF MEMPHIS. 


Cost of re- 
laying sewers, 
or laying new 
lines of pipe; 
drainage, oil- 
ing streets, 
etc., may be 
included in 
cost of im- 
provement. 


Power to levy 
assessments to 


eontinue; pro- 


ceeds pledged 
for payment 
of bonds. 


Council to 
ascertain in 
advance 
moneys on 
hand to meet 
principal and 
interest, etc. 


(§ 153.) Sec. 23. Be it further enacted, That in case, in the 
opinion of the legislative body, it becomes necessary or proper, 
in the making of any such improvement on any street, highway 
or alley or part or parts thereof, for the municipality either 
itself to relay, or through a water company to cause to be re- 
laid, any water pipes or to lay new water pipes, or it becomes: 
necessary or proper for the municipality to relay sewer drains 
or build new sewers or for water or sewer connections to be 
repaired or replaced or otherwise reconstructed or improved, or 
it becomes necessary or proper to provide for drainage or oiling 
of the street improvement, or it becomes necessary or proper to 
make other improvements, then the cost of any and all such 
improvements, or any part thereof, may, in the discretion of 
the legislative body, be included in the cost of the improvement, 
two-thirds of which cost may be assessed against the abutting 
property, as provided in said Chapter 341, or in said Chapter 341 
as amended by this act. 

(§ 154.) Sec. 24. Be it further enacted, That in the event of 
the issuance of bonds as in this act provided, or in the event 
of the issuance of certificates of indebtedness as provided in 
said Chapter 341 of the Acts of 1907, or as provided in said 
Chapter 341 as amended by this act, or in the event of the issu- 
ance of some bonds and of some certificates of indebtedness, the 
power and authority to levy assessments as provided in said 
Chapter 341. of the Acts of 1907, or as provided in this act as 
the case may be, shall continue to exist, and the proceeds aris- 
ing from the collection of assessments shall be and are hereby 
pledged for the payment of such. bonds and interest or such 
certificates and interest as the case may be and shall be applied 
to that purpose. It shall be the duty of the legislative body of 
the municipality to ascertain in. due season, in advance of the 
time for the payment of the principal or interest or both of 
any and all such certificates of indebtedness already issued or 
hereinafter issued, and in advance of the time for the payment 


of the principal or interest or both of any such bonds, whether 


CHARTER OF THE CITY OF MEMPHIS. 


or not there is or will be sufficient moneys provided by the as- 
sessments levied and actually collected and in the treasury of 
the municipality set apart for the payment of the principal 
and interest of such certificates of indebtedness and bonds as the 
same respectively from time to time become due; and it shall be 
the duty of the legislative body of the municipality, in due 
season in advance, to levy an ad valorem tax upon all the taxa- 
ble property in the municipality sufficient to pay the principal 
and interest of such certificates and such bonds as they respec- 
tively become due from time to time or to pay such part or 
parts thereof as are not or will not be fully provided for by the 
assessments levied and actually collected and in the treasury 
of the municipality in season for the payment of the principal 
and interest of such certificates of indebtedness and bonds as 
the same respectively from time to time become due. In case 
the municipality shall levy and collect ad valorem taxes for the 
purposes of paying the principal and interest of any certificates 
of indebtedness or bonds, or any part thereof, the municipality 
shall nevertheless have the power and authority to proceed with 
the levy and collection of assessments, and such assessments or 
part thereof sufficient for the purpose shall be paid into the 
treasury of the municipality to reimburse the treasury for the 
amount thus paid out of such ad valorem taxes, and such moneys 
thus reimbursed to the treasury shall be used under the direc- 
tion of the legislative body of the municipality for any lawful 
corporate purpose for which ad valorem taxes may legally be 


levied and collected. 


(§ 155.) Sec. 25. Be it further enacted, That any failure on 
the part of any municipality to comply with any of the provi- 
sions of said Chapter 341 of the laws of 1907, or said Chapter 
341 as amended by this act, and any failure in the existence 
or performance of any of the conditions precedent to the issu- 


ance of any certificates of indebtedness or bonds under said 


115 


May levy tax 
to meet prin- 
cipal and in- 
terest. 


Assessments to 
reimburse city 
may be used 
for other 
purposes, etc. 


Curative act. 


116 


Improvements 
begun prior 
to passage of 
this act may 
. be completed 
—how. 


CHARTER OF THE CITY OF’ MEMPHIS. 


Chapter 341, or under said Chapter 341 as amended by this act, 
shall not affect the validity of such certificates of indebtedness 
or bonds or of the assessments made under said Chapter 341, 
but the same shall be, in all respects, valid and binding. Any 
certificates of indebtedness heretofore issued or hereafter issued 
under said Chapter 341, or said Chapter 341 as amended by this 
act, shall be, and are hereby, declared to be the absolute obliga- 
tions of the municipality by which issued. In the event that 
for any reason the amount of the assessments levied and ac- 
tually collected and set apart in the treasury of the munici- 
pality for the payment of principal and interest of any such cer- 
tificates of indebtedness shall not be sufficient to make such pay- 
ment, the legislative body of the municipality shall be, and is 
hereby, authorized and directed to levy and collect, in addition 
to all other taxes authorized by law, an ad valorem tax upon 
all the taxable property in such municipality sufficient to pro- 
vide for the payment of the principal and interest of such cer- 


tificates as the same Lecomes due. 


(§ 156.) Sec. 26. Be it further enacted, That any proceedings 
already commenced under said Chapter 341 of the laws of 1907, 
may be carried to a conclusion under said chapter as originally 
enacted, notwithstanding the amendment to said Chapter 341 
by this act, and notwithstanding the repeal of certain sections 
of said Chapter 341 by this act, the same in all respects as if 
said Chapter 341 should stand without any amendment or re- 
peal or any proceedings already begun under said Chapter 341 
may be carried to a conclusion partly under said Chapter 341 as 
originally enacted, and partly under Chapter 341 as amended by 
this act, and as partly repealed by this act, and in such event 
either certificates of indebtedness or bonds may be issued, as 
the legislative body of the municipality may, in its discretion, 
determine: or in case any proceedings have been begun under 
said Chapter 341, such proceedings may be carried on wholly 


under the provisions of said Chapter 341, as amended by this 


\ 


CHARTER OF THE CITY OF MEMPHIS. 


7 


act, and as partly repealed by this act, and in such event either 
bonds or certificates of indebtedness may be issued in accord- 


ance with the provisions of this act.’ 


CHAPTER 587, ACTS 1909. 

(§ 156a.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That, for the purpose of enabling the 
City of Memphis to improve its streets, alley and highways, 
and to build sewers therein, said city is hereby authorized, by 
and through its Legislative Council, to issue one million ($1,- 
000,000.00) dollars of negotiable coupon bonds, which said bonds 
and coupons may be made payable at such place or places within 
or without the State, as the said Legislative Council may deter- 
mine; shall mature in not less than twenty nor more than fifty 
years from date; may be made payable, principal and interest, 
in legal tender of the United States; and the interest thereon, 
which shall not exceed four and one-half per centum per an- 
num, shall be payable semi-annually, the interest to be evidenced 
by coupons attached to the bonds. Said bonds may be issued 
in denominations of $500.00 or $1,000.00, and at such time or 
times as may he ordered by the Legislative Council, and shall 
be signed by the Mayor and City Register, and the coupons at- 
tached thereon shall bear the lithographed signature of the said 
Mayor. Provided, that not more than $425,000 of said bonds 
may be issued and sold during the year 1909, out of which the 
overcheck in the Engineering Department on January ist, 1909, 
is to be paid, and the balance to be used for new work in 1909; 
and, provided further, that the balance of said bonds provided 
for herein at such times after January ist, 1910, and in such 


amounts as the Council may determine. 


(§ 156b.) Sec. 2. Said bonds shall be sold at public or pri- 


vate sale, by order of the Legislative Council, at such times and 


1 Sections 1, 4, 5, 9, 19, 21, 22, 23, 24, 25 and 26 are amendments of 1909 Sen- 
ate Bill 282; tle remaining sections are Chapter 341 of the Acts of 1907. 


Bonds to 
improve 
streets, build 
sewers, etc. 


Term. 


Interest. 


Proceeds— 
how applied. 


Sale of 
bonds. 


118 


CHARTER OF THE CITY OF MEMPHIS. 


Commission. 


Form of 
bonds. 


places, and in such manner as it deems best; provided none of 
said bonds shall be sold at less than par and accrued interest; 
but nothing in this act contained shall be taken as prohibiting 
said city from paying reasonable brokerage to the purchaser 
or others from the sale of the bonds under this act, provided such 
brokerage shall not exceed one-eighth of one per cent. on the 


amount sold. 


(§ 156c.) Sec. 3. Be it further enacted, That said bonds may 


in form be substantially as follows: 


UNITED STATES OF AMERICA, 
STATE OF TENNESSEE, 
City oF MEMPHIS. 


IMPROVEMENT BONDS. 


Know all men by these presents that the City of Memphis, a 
municipal corporation organized and existing under the laws 
of the State of Tennessee, hereby acknowledges itself indebted 


and promises to pay bearer the sum of ...... ie leh eter nes 


GPA especie ane Se )° ‘dollars’ on” Thesis .% Si oee ee ee day of 
TE ANAT MR ee ge ei | 19...., with interest thereon at the rate 
ros Wh Blog (Pape ran tor Sy per cent. per annum, payable semi-annually on 
iV Ci Wi haae Mane Mab ai ae Min k= 8 Bo GAY GOL. eee rk wi eee Oe rea 
SNARES renal earns 28 Seen maton Gay “Of Fo a ie oe a ee eee 


entation and surrender of the coupons hereto annexed as they 
severally become due, both principal and interest, in lawful 
money of the United States of America, at the City Hall in Mem- 
phis, Tennessee, or, at the option of the holder, at the.......... 
Bs ctis sev stamens in the city and State of New York. 

This bond is one of a series of bonds issued for the purpose 
of improving the streets, alleys and highways of said city and 
building sewers therein, pursuant to Chapter............ of the 
Acts of Tennessee for the year 1909. This bond is issued under 
and pursuant to, and in strict conformity with, the Constitution 


and statutes of the State of Tennessee and charter of the said 


CHARTER OF THE CITY OF MEMPHIS. 


Ciy of Memphis, and amendments thereto, and ordinances or pro- 
ceedings duly passed and adopted. 

It is hereby certified, recited and declared that all acts, con- 
ditions and things required to be done, exist, happen and be 
performed precedent to and in the issuance of this bond, have 
been done, have existed, and have happened and been performed 
in regular and due form and manner, as required by the Con- 
stitution and statutes of said State and the charter of said city; 
and that this bond, together with all other indebtedness of said 
City of Memphis, does not exceed any limit prescribed by the 
Constitution or statutes of said State or charter of said city. 

The full faith and credit of said City of Memphis is hereby 
pledged for the payment of the principal and interest of this 
bond, as the same respectively becomes due; and for the levy 
and collection of sufficient taxes for that purpose. 

In witness whereof, said City of Memphis has caused this bond 
to be signed by its Mayor and the City Register, and the cor- 
porate seal of said city to be affixed hereto, and the coupons 
attached to this bond to bear the engraved or lithographed sig- 
nature of the Mayor, and this bond to be dated the.............. 


the City of Memphis, State of Tennessee, will pay to bearer 
Ps Cielo so Packie, Vie 0 dollars, lawful money of the United States, 
at the City Hall in Memphis, Tennessee, or, at the option of 
PEPE CT ALO UDC ct, riches oa tis ce 2 in the city and State: of 
New York, being six months interest then due on Improvement 


BU SPOLTOATUoCIL Yr CALCG sc os ss ks wie we aren ok Loins 


119 


Credit of 
city pledged 
for payment. 


Form of 
coupon. 


120 


Signatures on 
bonds valid. 


Proceeds— 
how to be 
used. 


May or may 
not be sub- 
ject to call. 


Levy tax 
to meet 
interest. 


CHARTER OF THE CITY OF MEMPHIS. 


In case any of such officers whose signatures appear on the 
bonds or coupons shall cease to be such officer before the delivery 
of such bonds to the purchaser, such signatures shall never- 


theless be valid and sufficient for all purposes, the same as if 


they had remained in office until the delivery of the bonds. 


The moneys arising from the sale of the bonds herein author- 
ized shall be used by the Legislative Council in such manner 
as may be prescribed by ordinance to improve the streets, alleys 
and highways of the city, and to build sewers therein, and 
for no other purposes whatever, but the purchasers of said bonds 
from the city shall not be bound to see to the application of the 


purchase money. 


(§ 156d.) Sec. 4. The bonds herein authorized to be issued 
may or may not be subject to call, as the Legislative Council 
may determine; and, if subject to call, the time, manner and 
details thereof shall be determined by said Council, and the 


form of bond herein prescribed shall be modified accordingly. 


(§ 156e.) Sec. 5. Be it further enacted, That, for the purpose 
of securing the payment of the interest and principal on and of 
the bonds herein authorized to be issued, said city, by its Legis- 
lative Council, or any other governing body or legislative agency 
that may be substituted therefor, shall have full and irrevocable 
power, and is hereby ordered to levy and collect, in addition to all 
other taxes authorized by law, an annual tax sufficient to meet 
the interest thereon as it matures, and like power to levy and 
collect a tax sufficient to pay the principal thereof as the same 
shall mature. : 

The faith of the State is hereby pledged to the levy of the 
taxes as hereby provided, and to the continued existence of the 
power and duty of said city to levy and collect sufficient taxes 
to pay the interest and principal of said bonds as the same 


respectively mature. 


CHARTER OF THE CITY OF MEMPHIS. 


121 


(§ 156f.) Sec. 6. This act shall, without reference to any 
other act of the General Assembly of Tennessee, be full authority 
to the City of Memphis to issue and sell bonds as in this act 
authorized, which bonds shall have all the qualities of nego- 
tiable paper under the law merchant, and shall not be invalid 
for any irregularity or defect in the proceedings for the issue 
and sale thereof, and shall be incontestable in the hands of bona 
fide purchasers for value. All acts and parts of acts, general 
or special, so far as they are inconsistent with this act, are 
hereby repealed. No proceedings on the part of said city in 
respect of the issuance of any such bonds shall be necessary, 
except such as are required by this act. 


Passed April 29, 1909. 


CHAPTER 356, ACTS 1909. 
POLICE STATION BONDS. 

(§ 157.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That Dwight M. Armstrong, H. E. 
Craft and Dave Halle, all citizens and residents of the City of 
Memphis, shall constitute a commission which shall be known 
as the Police Station Building Commission. The said Dwight 
M. Armstrong, H. E. Craft and Dave Halle shall constitute said 
Commission and serve thereon until the police station building 
provided for herein shall have been completed and turned over 
to the City of Memphis. In the event of the death, resignation 
or failure to serve or qualify of any one or more of said Com- 
missioners, the Mayor of the City of Memphis shall appoint a 
man, who shall be a citizen and taxpayer of the City of Mem- 


phis, to take the place of the one so failing to serve or qualify. 


(§ 157a.) Sec. 2. Said Police Station Building Commission- 
ers shall, at their first meeting, and annually thereafter, elect 
a Chairman and Secretary from their number, who shall serve 
for one year. Said Chairman and Secretary shall alone be 


authorized, upon their direct warrant or check, to draw out of 


Bonds have 

all qualities 
of negotiable 
paper under 
the law mer- 
chant. 


Police Station 
Building 
Commission. 


Vacancy— 
how filled. 


Organization. 


122 


CHARTER OF THE CITY OF MEMPHIS. 


Checks—by 
whom drawn. 


Salary. 


Bond. 


Duties. 


Proceeds of 
sale. ; 


Building— 
where to be 
erected. 


Architect. 


the depositories the proceeds arising from the sale of the bonds 
hereinafter provided for; and no check shall be drawn until 
approved and ordered by said Police Station Building Commis- 
sion; and the Secretary shall keep a neat, well bound and accu- 
rate set of books, showing the amount in the hands of the de- 
positories arising from the sale of said bonds, and also showing 
the date, amount and purpose for which said fund is checked 
out of said depositories. The Secretary of said Police Station 
Building Commission shall receive as his compensation the sum 
of fifteen hundred dollars ($1,500.00) per annum; and each of 
the other members of said Commission shall receive the sum 
of one thousand dollars ($1,000.00) per annum, same to be paid 
out of the fund arising from the sale of said bonds hereinafter 
provided for. But said compensation shall not commence until 
the Legislative Council shall order said bonds issued as herein 
provided and an architect has been employed. WHach of said 
Police Station Building Commissioners shall give a good and 
solvent bond in the sum of ten thousand dollars ($10,000.00), 
payable to the City of Memphis, conditioned for the faithful per- 
formance of their duties. The said ten thousand ($10,000.00) 
dollars bond may be made by a bonding company, and the pre- 
mium thereon, for each Commissioner, may be paid out of the 


fund arising from the sale of said bonds. 


(§ 1570.) Sec. 3. It shall be the duty of said Police Station 
Building Commission, from the proceeds of the sale of the bonds 
hereinafter provided for, to build and erect said police station, 
and to attend to the building of the same until completed. Said 
police station shall be erected by said Police Station Building 
Commission on such portion of the lot, parcel or tract of land 
owned by the City of Memphis, in the block bounded by Adams, 
Second and Washington streets, in said city, as may be deter- 
mined and deemed best by said Police Station Building Commis- 
sion. Said Police Station Building Commission is authorized to 


procure a competent architect, and to pay him out of the police 


CHARTER OF THE CITY OF MEMPHIS. 


123 


station fund. Said Commission is directed to advertise for at 
least sixty (60) days for bids on the plans and specifications 


which shall have been agreed upon by them. 


(§ 157c.) Sec. 4. For the purpose of building said police sta- 
tion, and for the purpose of erecting a new fire engine house 
and tearing down an old one, if said Police Station Building Com- 
mission shall determine to build said new fire engine house and 
tear down an old one, as hereinafter provided, said City of 
Memphis is hereby authorized, by and through its Legislative 
Council, sitting in joint session, to issue two hundred and sixty 
thousand ($260,000.00) dollars of coupon bonds, and to turn 
same over to said Police Station Building Commission for sale. 
Said bonds shall be coupon bonds of one thousand dollars ($1,- 
000.00) denomination, payable in not less than twenty (20) nor 
more than forty (40) years from date, and shall bear interest 
at the rate of not more than four and one-half (41%) per cent. 
per annum, payable semi-annually, which interest shall be evi- 
denced by coupons. Both bonds and coupons shall be payable 
at such place or places as the Legislative Council, sitting in joint 
session, may deem best. Said bonds shall be signed by the 
Mayor and City Register, and bear the seal of the City of Mem- 
phis. Said coupons shall bear the fac simile signature of the 
Mayor. If the said Police Station Building Commission shall 
so request, and the said Legislative Council, sitting in joint ses- 
sion, shall have the authority, in the exercise of its sound dis- 
cretion, not to issue all of said two hundred and sixty thousand 
($260,000.00) dollars of bonds at one time, but may, in its dis- 
cretion, and upon the request of said Police Station Building 
Commission, issue said bonds in such amounts and at such time 
or times as may be deemed best; but in no event shall more 
than two hundred and sixty thousand ($260,000.00) dollars of 
bonds be issued under the provisions of this act. Said bonds 


and coupons shall be in substantially the following form: 


Fire engine 
house. 


Bonds. 


Term. 


Interest. 


Where pay- 
able, 


May issue 
part of bonds. 


124 CHARTER OF THE CITY OF MEMPHIS. 
UNITED STATES OF AMERICA, 
STATE OF TENNESSEE, 
City oF MEMPHIS. 
POLICE STATION BonpDs. 
NOs sas IER Oe rahi Ark 
pon of Know all men by these presents that the City of Memphis, a 
ond. 


municipal corporation organized and existing under the laws 
of the State of Tennessee, hereby acknowledges itself indebted 
and promises to: .pay to bearer the ‘sum: of. 2.2.3. 


CO rae trad oh ee. ) “dollars ‘on. the >. 024:h..% ti eee day of 


Be ae Canin day of. ....5.0..0.005.65.5, OB DFesentation = ani ens. 
render of the coupons hereto annexed as they severally become 
due, both principal and interest, in lawful money of the United 
States of America, at the City Hall in Memphis, Tennessee, or 
at the option ef thei:holder at: the..:.....2-52. 7 ste eee in the city 
and State of New York. 


This bond is one of a series of bonds issued for the purpose 
of building a police station in the City of Memphis, pursuant 
to, - Cha ptercs. ees ae of the Acts of Tennessee for the year 
1909. This bond is issued ‘under and pursuant to, and in strict 
conformity with, the Constitution and statutes of the State of 
Tennessee and charter of said City of Memphis and amendments 
thereto, and ordinances or proceedings duly passed and adopted. 
It is hereby certified, recited and declared that all acts, condi- 
tions and things required to be done, exist, happen and be per- 
formed precedent to and in the issuance of this bond have been 
done, have existed and have happened and been performed in 
regular and due form and manner, as required by the Consti- 
tution and statutes of said State and the charter of said city, 


and that this bond, together with all other indebtedness- of said ~ 


CHARTER OF THE CITY OF MEMPHIS. 


125 


City of Memphis, does not exceed any limit prescribed by the 
Constitution or statutes of said State or charter of said city. 

The full faith and credit of the City of Memphis is hereby 
pledged for the payment of the principal and interest of this 
bond, as the same respectively become due, and for the levy 
and collection of sufficient taxes for that purpose. 

In witness whereof said City of Memphis has caused this bond 
to be signed by its Mayor and the City Register, and the cor- 
porate seal of said city to be affixed hereto, and the coupons 


attached to this bond to bear the engraved or lithographed sig- 


the City of Memphis, State of Tennessee, will pay the hearer 
os a dollars lawful money of the United States, 


at the City Hall in Memphis, Tennessee, or, at the option of the 


MEME ALEC NG. oo oi oes 6c nels wee de 5 in the city and State of New 
York, being six months interest then due on Police Station 
SPE Creeti dl ClEY, GAtOd dies oc kiacnc ud oes ob es a oo ate 

DOOR rerehecs ois 6s 


In case such officers whose signatures appear on the bonds 
or coupons shall cease to be such officers before the delivery of 
such bonds to the purchaser, such signatures shall nevertheless 
be valid and sufficient for all purposes, the same as if they had 


remained in office until the delivery of said bonds. 


(§ 157e.) Sec. 5. The City of Memphis is authorized to 
pledge its full faith and credit for the payment of the principal 
and interest of the bonds herein authorized, according to their 


tenor. And it shall be the duty of the Legislative Council of 


Form of 
coupon, 


Faith of city 
pledged for 
payment. 


126 


To levy tax 
to pay bonds 
and coupons. 


Bonds—how 
sold. 


Brokerage. 


Proceeds— 
how applied. 


Expenses of 
sale to be 
paid, ete. 


Votes—joint 
session. 


Full authority 


to issue and 
sell bonds. 


CHARTER OF THE CITY OF MEMPHIS. 


the City of Memphis, in addition to all other taxes authorized 
by law, to levy a tax to pay said bonds and coupons at their 


maturity. 


(§ 157b.) Sec. 6. Said Police Station Building Commission 
is hereby authorized and empowered to sell said bonds for not 
less than par, at such times and places and in such manner as 
it deems best. Nothing in this act, however, shall be taken as 
prohibiting said Commission from paying reasonable brokerage 
for the sale of said bonds under this act, but in no instance shall 
such brokerage exceed one-eighth of one per cent. on the amount 
issued and sold. The proceeds of these bonds, when sold, are 
to be turned over to the depositories selected by said Police Sta- 
tion Building Commission, and the depositories shall give bond, 
with good and solvent surety, to secure said funds and the faith- 
ful performance of their duties regarding the same; the amount 
and condition of said bond to be fixed by said Police Station 


Building Commission. 


(§ 1579.) Sec. 7. All proper expenses, including the expense 
necessarily incurred in the sale of said bonds, and all proper 
expenses in the erection of said building shall be paid out of 


the funds arising from the sale of said bonds. 


(§ 157h.) Sec. 8. Votes in any joint session of the Legisla- 
tive Council provided for in this act shall be taken by the mem- 
bers of both branches voting together as one body, in which 
each member of either branch is entitled to one vote. A ma- 
jority of the total membership-elect of both branches shall be 


a quorum of the one joint body. 


(§> 15H) See. 9. This act shall, without reference to any 
other act of the General Assembly of Tennessee, be full authority 
to the City of Memphis to issue and sell bonds as in this act” 
authorized, which bonds shall have all the qualities of negotiable 
paper under the law merchant, and shall not be invalid for any 


irregularity or defect in the proceedings for the issue and sale 


CHARTER OF THE CITY OF MEMPHIS. 


127 


thereof, and shall be incontestable in the hands of bona fide 
purchasers for value. No proceedings on the part of said city 
in respect to the issuance of any such bonds shall be necessary, 


except such as are required by this act. 


(§ 1577.) Sec. 10. Said Police Station Building Commission 
is hereby authorized, if, in their discretion, they shall see fit 
to do so, out of the funds realized from the sale of said bonds 
herein provided, to tear down the fire engine house located at 
the corner of Adams and Second streets, in the City of Mem- 
phis, being on a part of the lot or tract of land belonging to 
the city bounded by Adams, Second and Washington streets, in 
said city, and above referred to in this act, and to erect a new 
fire engine house on the site now occupied by the old one, or 
any other part of said lot or tract of land belonging to the city, 
bounded by Adams, Second and Washington streets, in said 
city, above referred to in this act, and to erect a new fire engine 
house on the site now occupied by the old one, or on any other 
part of said lot or tract of land belonging to the city as in their 
judgment and discretion seems best; but in no event shall said 
new fire engine house cost more than fifteen thousand dollars 
($15,000.00). 


(§ 157k.) Sec. 11. In the event the said Legislative Council 
shall fail to issue the bonds herein provided for before January 
Ist, 1910, and in the event said Legislative Council shall be suc- 
ceeded by another legislative agency known as the “Board ot 
Commissioners,” as provided for in an act of the General Assem- 
bly of the State of Tennessee, at its 1909 session, amending the 
charter of the City of Memphis, or is succeeded by any other 
legislative agency, then, and in that event, all the powers, duties 
and authority herein conferred upon the said Legislative Council 
Shall vest in and may be exercised and performed by said “Board 
of Commissioners,” or such other legislative agency which shall 


take the place of said Legislative Council, as fully and com- 


May tear 
down fire en- 
gine house, 
CLG; 


Cost of 
engine house. 


‘Board of 
Commission- 
ers’? may ex- 
ercise powers 
—when. 


128 


Levy special 


tax. 


Tax—when 


due, 


ete. 


CHARTER OF THE CITY OF MEMPHIS. 


pletely as the same are authorized by this act to be performed by 
said Legislative Council, and in the event that any of the offi- 
cers whose signatures are called for or required under the pro- 
visions of this act shall, after January lst, 1910, be designated 
by a different name or title, the signatures of the officers, by 
whatever title called, who shall perform the duties corresponding 
to the duties of the officers whose signatures are called for herein 


shall be sufficient. 


(§ 1577.) Sec. 12. All acts and parts of acts, general and 
special, so far as they are inconsistent with this act, are hereby 
repealed. 


Passed April 27th, 1909. 


CHAPTER 374, ACTS 1909. 


HOSPITAL FOR COMMUNICABLE DISEASES. 

(§ 158.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That the Legislative Council of the 
City of Memphis, in its discretion, or the proper legislative 
body or agency which shall succeed to the functions and duties 
of said Legislative Council, in its discretion, is hereby author- 
ized and empowered to levy a special annual tax of one-fourth 
of one per cent. on the one hundred ($100.00) dollars of taxable 
property in the City of Memphis, real and personal, including 
every description of property which is now subject to taxation 
under the law, for the purpose of establishing and maintaining 
a hospital in the said City of Memphis for the treatment of 


communicable diseases. 


(§ 158a.) Sec. 2. The said tax hereby authorized to be levied 
shall become due and be collected at the same time and in the 
same manner and by the same officers as the other taxes imposed’ 
by or for the City of Memphis, with like liens and remedies for 
the collection and penalties for the non-payment thereof and 


upon the same assessments and valuations. 


CHARTER OF THE CITY OF MEMPHIS. 


129 


(§ 158b.) Sec. 8. Upon the collection annually of the said 
taxes herein provided for, the sum realized therefrom shall be 
expended by the said Legislative Council, or the proper legisla- 
tive body which shall succeed said Legislative Council, for the 
purpose of establishing and maintaining a hospital for the treat- 


ment of communicable diseases as above provided. 


(§ 158c.) Sec. 4. Be it further enacted, That this act take 
effect from and after its passage, the public welfare requiring 
it, and that all laws in conflict with this act be, and the same 
are hereby, repealed. 

Passed April 27th, 1909. 


CHAPTER 480, ACTS 1909. 
DRAINAGE REGULATIONS. 

A BILL to be entitled an act to amend Chapter 11 of the Acts 
of 1879, entitled ‘‘A bill to establish Taxing Districts in this 
State, and to provide the means of local government for the 
same, approved January 31st, 1879, and all acts amendatory 


thereof.”’ 


(§ 159.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That power is hereby conferred upon 
the Legislative Council of the City of Memphis, where, in the 
judgment of said Legislative Council, it is necessary to have 
drains, ditches or culverts opened or constructed through pri- 
vate property to carry surface water according to the natural 
flow thereof, to order the owner or owners to construct proper 
ditches or to lay drain pipes or culverts for the purposes afore- 
said. In making the order the Legislative Council shall cause 
notice of the order to be given to the owner or owners of the 
property, stating a time within which work must be commenced, 
and that it must be prosecuted to completion within a reasonable 


time. 


Establish 
communi- 
cable disease 
hospital. 


To require 
owners to con- 
struct ditches 
and lay drain 
pipes through 
property. 


130 CHARTER OF THE CITY OF MEMPHIS. 
Violation a (§ 159a.) See. 2. The. failure to comply with such order 
misdemeanor.. 


City may do 
work—cost 
of owner 
lien on 
property. 


May build or 
purchase 
electric light 
plant. 


How paid for. 


of the Legislative Council shall be a misdemeanor punishable 
by a fine of not less than one dollar nor more than fifty dollars, 
and an additional or cumulative remedy is likewise given the 
city upon failure of the owner or owners to comply with such 
order to have the work done by the city at the cost of the owner, 
a bill for which is to be rendered the owner or owners, and, 
in case of failure to pay the same, the City Attorney shall sue 
for the amount thereof in any court having jurisdiction, and 
the amount shall be and constitute a lien upon the property 
through or upon which the improvements are made. 
Passed April 28th, 1909. 


ARTICLE 19. 
ELECTRIC LIGHTING PLANT AND GAS PLANT. ' 
(RIGHT TO ISSUE BONDS, BUILD, OPERATE AND MAINTAIN.) = 

(§ 160.) Section 1. The Taxing Districts organized under 
the Acts of 1879 are authorized to Hurenaee or build, and to 
maintain and to operate an electric light plant, including all 
necessary grounds therefor, engines, boilers, lamps and lamp 
fixtures, poles, wires, and other appurtenances usual to such a 
plant, for the purpose of lighting the streets, alleys, squares and 


other public grounds and places within said districts. 


(§ 160a.) Sec. 2. Said plant, whether built or bought by. 
said district, shall be paid for exclusively out of tax levied, or 
to be levied, for public lighting. That no general liability against 
said Taxing District shall be created in the construction and 
purchase of said plant, but the fund aforesaid, or any propor- 
tion thereof, that may be contracted against, shall be solely 
liable to pay the cost of building or purchasing said plant; 
provided, however, that the Board of Fire and Police Commis- 
sioners, for the purpose of paying for said plant, may use any 
balance remaining to the credit of, and not necessary for, either 


of the departments of the Taxing District. 


CHARTER OF THE CITY OF MEMPHIS. 


E teo.60n,) “Sec. "3. 
ating said electric light plant, said district may employ and 
pay such electricians, engineers, linemen and other agents and 
employes as may, in the judgment of the Legislative Council, 
be necessary, the compensation of whom shall be fixed by the 
Fire and Police Commissioners, and paid exclusively out of 


the tax levied, or to be levied, for public lighting.’ 


CHAPTER 172, ACTS 1905. 
(§ 161.) Sec. 4. 


to manufacture and distribute gas or electric lights for use 


The City of Memphis is hereby authorized 


in the public streets and buildings in said city, and for sale to 
the inhabitants of said city, for their private use, to be paid 
for by the said inhabitants at rates to be established by the 
City Council, which shall be sufficient to reimburse the said city 
the reasonable. cost to furnish it, and all the inhabitants of the 
said city are to have the same rights to be supplied with gas 
or with electricity, without discrimination so far as it may be 
reasonably practicable, and the capacity and extent of the work 


which it is deemed expedient to. maintain will permit. 


(§ 16la.) Sec. 5. The said City of Memphis is authorized 
and directed to build and maintain and operate an electric light 
plant and a gas plant, and to acquire all necessary ground there- 
for, engines, boilers, lamps and fixtures, poles, wires, retorts and 
other appurtenances usual to such plants, for the purpose of 
lighting the streets, alleys, squares and public buildings of said 
city and supplying the inhabitants thereof with gas and elec- 
tricity. To employ and pay a superintendent and such electri- 
cians, engineers, linemen and other agents and employes as 
may be necessary. The compensation of such employes shall be 
fixed by the Legislative Council in said nite and paid exclu- 
Sively out of the receipts from the sale of gas and electricity 


and by the products of the gas plant. 


1 Sections 1 to 3 passed 1887, Chapter 64. 


‘131 


For the purpose of maintaining and oper- Operation of. 


To manufac- 
ture and dis- 
tribute elec- 
trie or gas 
lights for 
city’s uses, 
and to sell 
same to inhab- 
itants. 


To build 
and operate 
plant, ete. 


Employ su- 
perintendent, 
electricians, 
engineers, etc. 


132 


May issue 
bonds. 


Bids. 


CHARTER OF THE CITY OF MEMPHIS. 


(§ 162.) Sec. 6. In order to raise the means necessary to 
erect said electric light and gas plant and acquire by condemna- 
tion proceedings the lands necessary for the aforesaid plants, 
the right of eminent domain being herein and hereby vested . 
in said city, the said city is authorized and empowered to issue 
its.coupon bonds to the amount of one million ($1,000,000) dol- 
lars, or so much thereof as may be necessary, bearing interest 
at the rate of four per cent. per annum, and maturing in thirty 
years, the interest payable semi-annually, in lawful money of 
the United States, and to secure the payment of the said bonds 
and the interest coupons, the said city is hereby authorized, em- 
powered and directed to execute a trust deed conveying as Sse- 
curity the electric light and gas plants, with all the property 
belonging thereto or appertaining thereto, of every kind, char- 
acter and description, to three trustees and the survivors of 
them, with full power vested in said trustees, in default of the 
payment in the interest for ninety days, to advertise and sell 
the plants aforesaid, together with the franchise to operate the 
same for the period of said bonds, and out of the proceeds to 
pay the costs of foreclosure and the residue thereof to the hold- 
ers of said coupon bonds, the security of said coupons and bonds 
being limited to the properties embraced in the trust deed, to 
secure their payment, and the general liability of the City of 
Memphis therefor being expressly excluded; provided, that the 
City Council may let the contracts to erect said plants: to the 


lowest bidder, as in other contracts. 


(§ 163.) Sec. 7. The bonds shall be of the denomination of 
one hundred dollars, and immediately upon the Legislative Coun- 
cil of the City of Memphis passing the resolution to construct 
the electric light and gas plant, the Legislative Council shall 
advertise for bids for the said bonds, limiting the bids to citi- 
zens of the City of Memphis, said bids to be for cash, and lim- 
iting the amount of the bids of each citizen to one thousand dol- 


lars of said coupon bonds, the advertisement to be in a daily 


CHARTER OF THE CITY OF MEMPHIS. 


paper of the City of Memphis for thirty days, bids to be received 
at the several banks of the City of Memphis and opened on a 
day fixed in the advertisement by the Legislative Council, and, 
thereupon, if there shall be a sufficient aggregate amount of 
the said coupon bonds subscribed to be taken by the citizens 
of Memphis as will be sufficient to construct said electric and 
gas plants, or to pay for the construction thereof, then there 
shall be an acceptance of said bids; provided, however, that each 
bid shall equal the par value of the bonds bid for, and in no 
event may a bid be accepted below the par value of the said 
bond. 

If, however, the citizens of Memphis do not offer to take the 
amount of said bonds, as herein provided for, then the Legis- 
lative Council for the said City of Memphis shall advertise for 
bids generally, and without regard to the amount to be bid for 
by any one person, and in the event a sufficient amount is sub- 
scribed for to construct the said electric light plant and gas 
plant the bids shall be accepted, and the money realized from 
the sale of said bonds paid to the city upon the proper con- 
veyance by the City of Memphis, and in the event of the con- 
struction and equipment of a new plant the City of Memphis 
is authorized to receive in installments of twenty per cent. the 
amount bid for the said bonds, and issue certificates to the 
bidders, and to apply the proceeds to the construction and 
equipment of the said plants; provided, said bonds shall not be 
sold for less than net par, but if it be necessary to employ a 
broker or agent to negotiate such sale, no. more commission than 


three-eighths of one per cent. shall be paid. 


(§ 164.) Sec. 8. The Legislative Council of the City of Mem- 
phis is hereby required to establish by ordinance an absolute 
trust that will adequately protect the bidders who bid for the 
bonds in disbursement of the money paid in installments as 
herein provided to the end that the same shall be absolutely 


paid for the construction and equipment of gas and electric 


133 


Same, 


Installments. 


May establish 
by ordinance a 
trust, 


134 CHARTER OF THE CITY OF MEMPHIS. 


plants in the said city under the provisions of this act, and in 
no wise diverting a dollar from these purposes, and just as soon 
as said plants are constructed and equipped to execute a trust 

Trustees. deed to three trustees and their survivors conveying the entire 
plant, its property, appurtenances, fixtures and the franchise 
to operate the same for a period of thirty years as a security 
for the payment of said bonds. And, in order to afford security 
for installments paid by the said bidders upon the plant while 
it is in process of erection, and until the same has been com- 
pleted and the trust deed thereon is executed, a lien is hereby 
declared in favor of those who may make advances to the city 
on account of their bond subscription upon all the lands and 
properties acquired for the said plants, as well as the franchise 
aforesaid. 

mace (§ 165.) Sec. 9. Hach and every one of the employes ap- 
pointed by the Legislative Council, charged with the duties of 
conducting and managing the said plants or receiving and col- 
lecting from the inhabitants of the said city money for gas or 
electricity shall be required to give bonds in such penalties as 
‘the Legislative Council, by ordinance, may require. 

Charge city (§ 166.) Sec. 10. There shall be charged as against 

for its lights. 
the City of Memphis sixty-five dollars per year for each and 
every one of the electric arc lights per annum, upon the streets, 
alleys and public places in said: City of Memphis, and sixty 
dollars per annum for every gas light erected on said streets, 
alleys and public places, and twelve cents per thousand watts 
consumed of electric current, and. one dollar per thousand feet 
of gas consumed in the public buildings in the City of Memphis. 

Monthly (§ 167.) Sec. 11. There shall be rendered to the City of 

eicies Memphis a monthly statement of the electric light and gas bill 
‘at the rate specified in Section 7 of this act, and the amounts 
thereof charged against the said city, which amounts shall, by 


the said city, be credited to the electric and gas plants and 


CHARTER OF THE CITY OF MEMPHIS. 


set apart as.a sinking fund in that bank in the City of Memphis 
that will pay therefor the highest rate of interest and secure 
the payment thereof by an undoubted bond, which said funds 
so deposited and interest thereon shall be held to take up the 
bonds authorized under this act at their maturity, and for the 
payment of interest coupons in the event that a sufficient in- 
come should not arise from other sources than the public light 
to pay the operating expenses of the plant and the fixed interest 


charged. 


(§ 168.) Sec. 12. Private consumers in the City of Mem- 
phis shall not be charged higher rate for electricity and gas 
than is by the seventh section of this act required to be charged 
the City of Memphis for its public lights, but the Legislative 
Council shall reduce the prices to consumers when, in their dis- 
cretion, the receipts will pay the cost of maintaining the plant, 


the necessary repairs, the sinking fund and interest coupons. 


(§ 169.) Sec. 13. The Superintendent shall, on the first Mon- 
day in each and every month, furnish to the Legislative Council 
an itemized and sworn statement showing the receipts and dis- 
bursements of the plant under his charge, indicating on his said 
statement the cost of electricity and gas for the preceding month, 
the amount paid by private consumers, and the amount charged 
against the City of Memphis, and include in his said statement 
each and every item showing the expenditure of money on ac- 


count of said plants. 


(§ 170.) Sec. 14. Upon the passage of this act the Legisla- 
tive Council of the City of Memphis shall immediately take such 
steps as shall be necessary to carry out its provisions and to 
install public plants for furnishing gas and electricity upon 
the streets, alleys, parks and other public places in and contigu- 
ous to the City of Memphis and to such of the inhabitants of 
the City of Memphis as desire to patronize the said public 


plants, so installed and authorized to be installed by the said 


135 


Sinking fund. 


Rate of 
charges to 
private con- 
sumers, 


Superintend- 
ent—duties, 
etc, 


136 


To build and 
control water 
works system. 


Issue bonds. 


May purchase 
by negotia- 


tion, appraise- 


ment or pur- 
chase of stock. 


CHARTER OF THE CITY OF MEMPHIS. 


City of Memphis, and to this end the Legislative Council is vested 


with all necessary powers to construct the aforesaid plants.* 


ARTICLE 20. 


ACT AUTHORIZING PURCHASE AND CONTROL OF ARTESIAN WATER 
DEPARTMENT. 


(§ 171.) Section 1. The Taxing Districts, cities and towns 
of this State, having a population of 60,000 or more, according 
to the Federal census of 1890, or any subsequent Federal census, 
be, and the same are hereby, authorized and empowered to build, 
purchase or acquire control of, in any manner, and to extend 
a waterworks system to be maintained and operated for the 
benefit of such Taxing District, city or town and its inhabi- 
tants. 

(§ 172.) Sec. 2. If, in the judgment of the Legislative Coun- 
cil, or other governing agency, as the case may be, of such tax- 
ing district, city or town, it is best to build and construct a 
system of waterworks, such taxing district, city or town shall 
have, and is hereby vested with, power so to do. In order to 
raise the moins neeeseary to construct such waterworks, mains, 
pipes and machinery, and purchase such plant and property 
as may be necessary, such taxing district, city or town are hereby 
authorized and empowered to issue bonds to an amount not ex- 
ceeding two million dollars ($2,000,000)? for any one taxing 
district, city or town, and such bonds shall bear such a rate 
of interest not exceeding 5 per cent., and they shall mature at 
pitch time as the Legislative Council, or other governing agency, 
of said taxing district, city or town may determine, and said 
bonds may be called or not, or at such times as may be deemed 


best. 


(§ 173.) See. 3. Such taxing district, city or town are hereby 
authorized and empowered to purchase and buy the plant and 


properties of any system of waterworks now supplying water 


1 Sections 4 to 14, inclusive, passed March 381, 1905, Chapter 172, Acts 1905. 
2 Amended Chapter 839, Acts 1908, provides for an issue of $3,500,000 bonds. 


CHARTER OF THE CITY OF MEMPHIS. 


in or out of such taxing district, city or town, and such taxing 
aistrict, city or town may purchase or acquire such system of 
waterworks, either by negotiation, appraisement under existing 
contract, or may purchase all, or substantially all, of the shares 


of stock to buy such system of waterworks. 


(§ 174.) Sec. 4. If such taxing district, city or town shall 
determine to purchase, appraise or acquire control of any sys- 
tem of waterworks, as provided in the last section of this act, 
such taxing district, city or town shall have power to issue its 
coupon bonds to an amount not exceeding two million dollars 
($2,000,000), and bearing such a rate of interest not exceeding five 
per cent., maturing at such times and callable in such manner 
as the Legislative Council or other governing agency of such 


taxing district, city or town may determine. 


(§ 175.) Sec. 5. If any bonds are issued under the provisions 
of this act, either for the purpose of constructing, building, 
purchasing, condemning or acquiring control of any system 
of waterworks, such taxing district, city or town is hereby 
vested with the power to secure the payment of said bonds, 
and interest, by execution of a trust deed on the entire system 
of waterworks, lands, buildings, pumping machinery, pipes, res- 
ervoirs, privileges, franchises and property of every character, 
wherever situated, and said trust’ deed may cover all after ac- 
quired property, and may embrace all revenue from supplying 
water. And the Legislative Council, or other governing agency 
of such taxing district, city or town, is hereby vested with full 
power to incorporate in such trust deed such stipulations and 


provisions as it shall deem best for the security of said bonds. 


(§ 176.) Sec. 6. On all of the waterworks property con- 
structed, built, bought, purchased or condemned or acquired 
control of under the provisions of this act, including its machin- 
ery, plant, wells, water supply, pipes and all property of every 


nature and character, acquired at the time or subsequently, 


137 


Issue bonds 
to purchase 
plant. 


Lien on plant 
to secure 
bonds. 


138 


Bonds—no 
general lia- 
bility. 


May‘ purchase 
Ly arbitration. 


May purchase 
all or practi- 
cally all of the 
capital stock 
of any water 
company. 


CHARTER OF THE CITY OF MEMPHis. 


there shall exist an irrevocable first lien in favor of the holders 
of any bonds and coupons that may be issued under this act, 
to continue on such property additions to, renewals of and re- 
pairs thereon, until all of said coupons and all of said bonds are 


paid and fully discharged. 


(§ 177.) Sec. 7. In respect to the principal and*coupons, the 
bonds to be issued as aforesaid, shall not create or carry any 
general liability against such taxing district, city or town, but 
the holders of said bonds and coupons shall look solely to the 
security of the trust deed and statutory lien on said waterworks 
system for the payment thereof, and no tax shall ever be levied 
for the payment of said bonds or coupons, nor shall ‘any property 
of such taxing district, city or town, other than said waterworks. 


system, be subjected to the payment thereof. 


(§ 178.) Sec. 8. In all cases where any district, city or town 
has any contract with any water company, providing that any 
such taxing district, city or town shall have the right to pur- 
chase the property of such water company at a price to be fixed. 
by arbitrators or appraisers, such taxing district, city or town: 
is hereby vested with the power to enforce the terms of such. 
contract and purchase such property by arbitration or appraise- 
ment, and in such cases all the provisions of this act shall apply,. 
and such taxing district, city or town may issue the bonds pro- 
vided for in this act, or exercise any of the powers conferred 
in this act that may be necessary or expedient to carry out the: 


terms of such contract. 


(§ 179.) Sec. 9. If, in the judgment of the Legislative Coun-. 
eil; or other. governing agency, of such taxing district, city or 
town, it shall. be deemed desirable or preferable to become the. 
owner of all or substantially all. of the capital stock of any 
water. company, supplying water to such taxing district, city or 
town, and the inhabitants thereof, instead of building a system 


of waterworks or using the plant or property of such water 


CHARTER OF THE CITY OF MEMPHIS. 


139 


company, then such taxing district, city or town shall have, 
and is hereby vested with, the right and power to become the 
owner and holder of all, or substantially all, of said stock, by 
purchase or other contract, and to that end may issue the bonds 
and use the proceeds thereof herein authorized, and may execute, 
or cause to be executed, any mortgage or trust deed upon the 
property of such water system to secure the payment of sucn 
bonds. And such taxing district, city or town is hereby ex- 
pressly given full power and authority to make a contract with 
the stockholders of any water company supplying water to such 
taxing district, city or town and its inhabitants, whereby said 
water company may execute and issue its bonds, in such an 
amount as may be agreed upon between such taxing district, 
city or town and said stockholders, which bonds shall be secured 
by a mortgage or trust deed upon all the property and franchises 
of said water company then owned or thereafter acquired, and 
whereby, in consideration of the guaranty by said taxing district, 
city or town, of the payment of the interest coupons upon said 
bonds so issued by said water company as the same shall fall 
due, the said stockholders of said company shall transfer and 
deliver their said stock to said taxing district, city or town as may 
contract with said stockholders that, in consideration of the 
transfer and surrender of their said stock to said taxing district, 
city or town, said taxing district, city or town will pay annually, 
or semi-annually, as may be agreed upon, a sufficient sum of 
money for the water furnished by such waterworks system to the 
taxing ‘district, city or town, for municipal purposes, wnich 
specified sum of money shall be sufficient in amount to pay the 
interest on said bonds so to be issued by said water company, 
and which shall be applied to no other purpose whatever than the 
payment of such interest coupons. And such taxing district, 
city. or town is hereby vested with the power to make such 
contract, to. take such amount of water, and pay such sum there- 


for,-and for such a number of years as may be covered by the 


140 


Bonds. 
Mortgage 
property and 
franchises. 


May provide 
water rates 
sufficient to 
pay operating 
expenses, 
fixed charges, 
interest on 
bonds, ete. 


CHARTER OF THE CITY OF MEMPHIS. 


lifetime of such bonds, all of which may be provided for in or 
endorsed upon said bonds and signed by the Mayor or other 
executive head of such taxing district, city or town, and the 
bonds issued in pursuance of these provisions shall be received 
and owned by such stockholders in lieu of their stock, and full 
power and authority is hereby expressly given said water com- 
pany to issue its said bonds, and to said water company and 
its stockholders to enter in such contract with such taxing dis- 
trict, city or town. Said bonds of said water company hereby 
authorized to be issued shall not exceed in amount two million 
dollars ($2,000,000), and they shall be in such denomination, bear 
such a rate of interest, not exceeding 5 per cent., mature at 
such time and be callable in such manner and contain such terms 
and provisions as may be agreed upon between such company 
and such taxing district, city or town. And such water com- 
pany is expressly authorized to secure the payment of such bonds 
by a mortgage or trust deed on all of its property and franchises 
then owned or thereafter acquired, and containing such other 
terms and provisions as may be mutually agreed upon between 


such company and such taxing district, city or town. 


(§ 180.) Sec. 10. If such taxing district, city or town shall 
deem it advisable to become the owner of all, or substantially 
all, of the capital stock of such water company so furnishing ws 
and its inhabitants, with water, such taxing district, city or 
town, and said water company, or its stockholders, may further 
provide and stipulate as additional security for the payment 
of said bonds so to be issued by said company, that-the water 
rates shall, during the life of said bonds, or until their payment, 
be so fixed and maintained as annually to raise a sum sufficient. 
to pay all their operating expenses, and repairs of said water- 
works system, and to pay all fixed charges and interest on out- 
standing bonds, and the interest on bonds issued under this act, 
and also to provide a sinking fund sufficient to pay such bonds. 


at their maturity. And such taxing district, city or town, and. 


CHARTER OF THE CITY OF MEMPHIS. 


such water company and its stockholders are hereby given full 
power and authority to make such other or different contracts, 
and to enter into such other or additional terms, provisions or 
stipulations as shall be deemed necessary or expedient to carry 
out the purposes of this act, it being the intent and purpose 
hereof to give such taxing district, city or town, and such water 
company and its stockholders, unlimited power and authority 
to make such contract or agreement whereby such taxing dis- 
trict, city or town shall become the owner of all, or substantially 
all, of the stock of such water company as may be mutually 


agreed upon. 


(§ 181.) Sec. 11. If, in the construction of waterworks sys- 
tem, or in the purchase of the property or shares of stock of 
any water company, or ‘in the exercise of any of the powers 
conferred in this act, it shall be deemed desirable, such taxing 
district, city or town shall have, and the same is hereby vested 
with, the power to borrow the amount of money, or any part 
thereof, that may be necessary to carry out the purposes of this 
act, and may issue in evidence of such loan a certificate, cer- 
tificates of indebtedness, payable not later than one. year after 
the date thereof, and such certificates may be paid in cash out 
of the proceeds of the sale of any of the bonds hereinbefore pro- 
vided for, or said certificates may be funded in said bonds and 
for the security of said certificates, principal and interest, such 
taxing district, city or town may pledge and mortgage the prop- 
erty and franchises of such waterworks, and may make such 
other contracts, stipulations or provisions as may be deemed 


necessary or expedient for the security of said certificates. 


(§ 182.) Sec. 12. If any such taxing district, city or town 
shall build, purchase or acquire control of any system of water- 
works under the provisions of this act, said system of water- 
works shall be maintained and operated in one of the following 
ways: 


First. If such taxing district, city or town shall acquire con- 


14] 


Power to 
borrow money 
for purposes., 
of this act, 
ete. 


Plant—how 

to be operated 
and main- 
tained. 


142 CHARTER OF THE CITY OF MEMPHIS. 


trol of the plant and property of any water company, by the 
purchase of all, or substantially all, of the shares of stock of 
such water company, then such taxing district, city or town may 
maintain the separate corporate existence of said company, and 
control the same through the election of directors of such water 
company, the election of said directors to be held by Legislative 
Council, in the case of taxing districts, and in the case of other 


cities and towns by the governing board thereof. 


Second. In the event such taxing district, city or town shall 
purchase the property of any system of waterworks, or acquire 
control of the same, by the purchase of all, or substantially all, 
of the shares of stock of such waterworks, then such taxing 

Te ee district, city or town may establish “ water department to be 
ment, officers. ynder the direct supervision of the legislative body of such 
taxing district, city or town, in which case the Mayor, or other 
executive head of such taxing district, city or town, or in case 
of taxing districts organized under the act of January 29, 1879, 
the Board of Fire and Police Commissioners shall appoint a 
superintendent, a treasurer, a bookkeeper and shall employ such 
engineers. and such employes as may be necessary, and the sala- 
ries aid compensation of such officers’ and employes shall be 
fixed by the Legislative Council, or other governing agency, 


of such taxing district, city or town. 


Board of Third. The Legislative Council, or other governing agency, 


Commission- aa 
nee of such taxing district, city or town, may establish a board 


of three members to control and operate said waterworks sys- 
tem, in which case the members of said waterworks board shall 
be appointed by the Legislative Council, or other governing 
agency, of such taxing district, city or town. And such taxing 
districts, cities and towns are hereby empowered to establish 
by ordinance all necessary provisions and regulations for the 
control and government. of such system of waterworks as may 
be in conformity with the provisions of this act. But in no case 


shall the superintendent, treasurer, bookkeeper or engineer. of 


CHARTER OF THE CITY OF MEMPHIS. 


143 


such waterworks system be appointed or hold office until his 
appointment has first been approved by the Legislative Council, 
or other governing agency, of such taxing district, city or town. 
And-in no event shall any director, member of any water board, 
officer or employe of any such waterworks system be removed 
or discharged except upon written charges preferred against him 
before fhe. Legislative Council, or other governing agency, of 
such taxing district, city or town, and the Legislative Council 
or other governing agency of such taxing district, city or town 
shall have the power to provide by ordinance what deficiency or 


misconduct shall be sufficient for the removal of such persons." 


(§ 183.) Sec. 13. Chapter 32 of the Acts of 1899 of Tennessee, 
entitled ““An act to authorize and empower the taxing districts, 
cities and towns of this State, having a population of 60,000 
or more according to the Federal Census of 1890, or any subse- 
quent Federal census, to build, purchase or acquire control of 
in any manner and to extend a system of waterworks to be 
maintained and operated for the benefit of such taxing districts, 
cities and towns, and their inhabitants, and to issue bonds of 
whatever character, and to make such mortgages, guarantees, 
contracts and agreements of whatever nature that may be nec- 
essary or expedient for the carrying out of the purposes afore- 
said, and to authorize any water company supplying such taxing 


district, city or town and its inhabitants with water, to sell its 


plant and property to such taxing district, city or town, and to | 


authorize the stockholders of such water company to sell their 
stock to such taxing district, city or town, and take in exchange 
therefor the bonds of such water company, and to make such 
other contract or agreement whereby such taxing district, city 
or town shall acquire ownership or control of such waterworks 
as may be agreed upon, and to authorize such taxing district, 


city or town, after acquiring control of such waterworks, to 


1 The foregoing sections, 1 to 12, inclusive, passed January 28, 1889, Chapter 32, 
Acts 1899. : a 


-144 


CHARTER OF THE CITY OF MEMPHIS. 


Amendment 


Ch. 389, Acts 


1903. 


May issue 
$3,500,000 5% 
bonds to pur- 
chase plant 
and fran- 
chises, etc. 


Bonds—by 
whom signed. 


Coupons. 


establish regulations for the operation and management thereof,” 
be, and the same is hereby, amended by the following provisions, 
to-wit: Any taxing district, city or town of this State, having 
a population of 60,000 or more, according to the Federal census 
of 1890, or any subsequent Federal census, is hereby authorized 
and empowered to issue its negotiable bonds to an amount not 
exceeding $3,500,000 for the purpose of purchasing or acquiring 
or obtaining money for the purpose of purchasing or acquiring, 
the property, plant, assets, franchises or capital stock of any 
waterworks system, whether owned by individuals, firms or cor- 
porations, situated within or near such taxing district, city or 
town in order to supply water to such taxing district, city or 
town and the inhabitants thereof, and for extending and improy- 
ing any such system, and for constructing, improving and ex- 
tending any waterworks system to furnish such supply of water, 
or for any one or more of such purposes. Said bonds shall be 
in such form and of such denominations, and shall be payable 
at such time or times and place or places, within or without 
the State of Tennessee, shall bear such rate or rates of interest, 
not.exceeding five per centum per annum, payable semi-annually, 
and contain such other provisions and recitals as may be pre- 
scribed by the Legislative Council, or other legislative or gOv- 
erning body, of such taxing district, city or town. Said bonds 
shall be negotiable according to the law merchant, and ghall 
be payable, principal and interest, in lawful money of the United 
States of America. Said bonds shall be signed by such executive 
officers of such taxing district, city or town as may be prescribed 
by the Legislative Council, or other legislative or governing 
body thereof, and shall bear the corporate seal of such taxing 
Gistrict, city or town. Said bonds may be issued as coupon 
bonds or registered bonds, or both, or as coupon bonds with the 
privilege of registration. The coupons on the coupon bonds may: 
bear the signed, lithographed or engraved signature of any offi- 


cer designated by the Legislative Council, or other legislative 


CHARTER OF THE CITY OF MEMPHIS. 


145 


or governing body, of such taxing district, city or town. The 
purchaser or purchasers of said bonds shall not be bound to 
see to the performance of conditions precedent to the issuance 
of said bonds or to the application of the purchase money, and 
no irregularity, illegality, invalidity or omission in any of the 
proceedings prior to or in issuance of the said bonds shall affect 
the validity of said bonds in the hands of purchasers thereof, 
or any subsequent holders. Any purchase of any waterworks 
system or other property under this act, or the act of which 
this is amendatory, may be made subject to the lien ar encum- 
brance of any bonds, mortgage or other indebtedness existing 
at the time on such waterworks system or other property; and 
any such taxing district, city or town may also, as a part con- 
sideration for any such purchase, assume and agree to pay any 
bonds, mortgage or other indebtedness of any person or cor- 
poration conveying such waterworks system or other property, 


whether secured by lien or not. 


(§ 184.) Sec. 14. In addition to the net revenues derived 
from any waterworks purchased, acquired, constructed, extended 
or improved with any of said bonds, or with any proceeds there- 
of, the taxing district, city or town issuing said bonds is hereby 
authorized and empowered to levy and collect taxes upon all 
the taxable property in such taxing district, city or town, which, 
with such net revenues, shall be sufficient to pay the interest 
and principal of said bonds as the same become due, and to make 
such provisions in any ordinance or resolution authorizing the 
issuance of said bonds as may seem proper to the Legislative 
Council, or other legislative or governing body, of such taxing dis- 
trict, city or town, for the raising and application of such taxes 
and net revenues,-and, in its discretion, for the creation of any 
sinking fund. Any such ordinance or resolution may provide 
for the application, from time to time, of all the net revenues 
arising from the waterworks and their extensions and additions, 


to the payment of the principal and interest of said bonds be- 


Purchaser 
not bound to 
see to per- 
formance of 
conditions, 
etc. 


May levy and 
collect taxes 
to pay inter- 
est and prin- 
cipal of bonds, 


146 


Trustee. 


CHARTER OF THE CITY OF MEMPHIS. 


fore the application to such purposes of any moneys arising from 
taxation. Any such taxing district, city or town issuing such 
bonds may make a mortgage to a trust company or companies, 
or individual, as trustee or trustees, within or without the 
State of Tennessee, for the security of the payment of the prin- 
cipal and interest of such bonds. Such mortgage, however, shall 
not be construed to impair the direct, general and absolute 
obligation of the obligor in said bonds to make payment thereof, 
principal and interest; provided, however, that any such taxing 
district, city or town may, by ordinance or resolution passed 
for or in connection with the issuance of any such bonds, pro- 
vide that the same shall not be direct, general or absolute obli- 
gation of such taxing district, city or town, until the payment 
of any bonds of such taxing district, city or town now out- 
standing issued under any act of the General Assembly, prohib- 
iting the issuance of scrip or other bonds while such now out- 
standing bonds remain outstanding and unpaid, and the re- 
muneration of any such trustee or trustees shall in no way ex- 
ceed in the aggregate one-half (4%) of one: (1) per cent. to be 
paid by any such taxing district, city or. town making such 
mortgage. Provided, the trustee shall not be a non-resident trust 
company, but a responsible trust company organized under the 
laws of this State and willing to accept such trust; and if there 
are one or more responsible trust companies doing business in 
such taxing district, city or: town willing to accept the trust, 
that one shall be selected which has the largest paid-up capital; 


and by such ordinance or resolution may provide further that, 


upon payment or upon readiness of the city to make payment 


of such outstanding bonds, thereupon any such bonds of any 
taxing district, city or town issued under this act shall ipso facto, 
and. without any action on the part of such taxing district, city 
or town, be and become in all respects whatsoever the district, 
general and absolute obligations of the obligor in said bonds; 


and any provisions of such ordinance or resolution not in con- 


CHARTER OF THE CITY OF MEMPHIS. 


147 


flict with the Constitution and laws of the State shall be binding 
upon the obligor in such bonds. Such mortgage may cover and 
convey to such trustee any waterworks of said taxing district, 
city or town, and other property, plant, assets and franchises 
purchased, acquired, constructed, extended or improved for water- 
works purposes by said taxing district, city or town, and any 
and all additions, additional sources of water supply, all exten- 
sions, accretion, revenues, income and profits thereof, and the 
right to the purchaser, his successors or assigns, in case of fore- 
closure of said mortgage and the sale thereunder, to maintain 
and operate the same upon the streets, highways and public places 
(of the municipality and elsewhere and furnish water to such 
taxing district, city or town and its inhabitants, and to fix and 
charge reasonable rates, tolls and rentals for the use of such 
water. Any such taxing district, city or town may provide, 
in any ordinance or resolution authorizing the issue of any 
such bonds, or may provide in any such mortgage that such 
taxing district, city or town shall have the exclusive right and 
franchise to supply such taxing district, city or town and its 
inhabitants with water, and to fix and charge reasonable rates, 
tolls and rentals for the use of such water, and that any trustee 
taking possession under the provisions of any such mortgage, 
and that, in the event of any foreclosure and sale under the 
provisions of any such mortgage, the purchaser at any such 
foreclosure and sale, his successors and assigns (whether per- 
sons or firms or a corporation, domestic or foreign) shall have 
the exclusive right and franchise to supply such taxing district, 
city or town and its inhabitants with water, and to fix and 
charge reasonable rates, tolls and rentals for the use of such 
water; provided, however, that any grant of any such exclusive 
right or franchise shall not interfere with existing vested rights. 


So long as any of said bonds or coupons are outstanding or un- 


paid, such rates, tolls and rentals fixed and charged by such tax- Rate of 
charges, etc. 


ing district, city or town shall not be lower than will furnish 


148 


CHARTER OF THE CITY OF MEMPHIS. 


sufficient revenue to pay all operating expenses of the water- 
works system or systems, also for all necessary repairs and 
improvements to the same, and interest on the bonds issued for 
such waterworks system or systems, and amount to be paid to 
any sinking funds for such bonds and the principas of any such 
bonds, as all such payments respectively become due. No pur- 
chaser under any foreclosure sale, his successors or assigns, shall 
be bound to fix and charge any lower rates, tolls and rentals 
for the use of such water than similar rates, tolls and rentals 
fixed and charged in other similar municipalities in the United 
States with similar waterworks systems; provided; however, any- 
thing in this act to the contrary notwithstanding, that any such 
mortgage may make provision as to what rates, tolls and rentals, 


including, among other things, city hydrant rentals, shall be 


paid in case of default in the payment of the principal or inter- 


est of any such bonds, or in the payment of any sinking fund 
therefor, or in any other terms and conditions of such mort- 
gage. Such ordinances, resolutions and mortgage may contain 
such provisions as shall be authorized or approved by the Leg- 
islative Council, or other legislative or governing body, of such 
taxing district, city or town. The provisions of any mortgage 
and bonds and all ordinances and resolutions of any taxing dis- 
trict, city or town under and pursuant to which said mortgage 
and bonds are issued, shall be and constitute a contract between 
such taxing district, city or town and the holder or holders of 


any and all such bonds and coupons until the same are paid. 


(§ 185.) Sec. 15. This amendatory act shall be sufficient 
authority to any such district, city or town to issue bonds anda 
mortgage pursuant to its provisions, to the extent of not more 
than $3,500,000, as herein provided, aside from and independent 
of the said Chapter 32 of the Acts of 1899 of Tennessee, and aside 
from and independent of any other legislation of the said State, 
and no proceedings or action of said taxing district, city or town 


of any kind whatsoever shall be necessary for the issuance and 


CHARTER OF THE CITY OF MEMPHIS. 


149 


security of said bonds, other than are provided in this amenda- 
tory act. No bonds issued either under the said Chapter 32 
of the Acts of 1899 of Tennessee, or under this act, or under 
both, shall in the aggregate be issued to a sum exceeding the 
said sum of $3,500,000. Any ordinance or resolution authoriz- 
ing the issue of any bonds under this act, or under said Chapter 
32 of the Acts of 1899, shall, after its introduction, be published 
at least once in at least one daily newspaper published in any 
such taxing district or town, such newspaper or newspapers to 
be designated by the Legislative Council, or other legislative 
or governing body, of such taxing district, city or town, and 
only after such publication shall such ordinance or resolution 
be finally passed, and then only by the affirmative vote of at 
least a majority of all the members constituting the Legisla- 
tive Council, or other legislative or governing body, of such 
taxing district, city or town; provided, however, that it shall 
not be necessary in any such publication of such ordinance or 
resolution to publish or set forth at length any form of mort- 
gage or deed of trust which may be contained in such ordinance 
or resolution, but the form of such mortgage or deed of trust, 
although contained in any such ordinance or resolution, may be 
omitted from any such publication thereof, and also from auy 
-other publication of any such ordinance or resolution which 
may be required by any other law. Bonds issued as herein 


provided shall be sold by the Legislative Council, or other leg- 


islative or governing body, of any such taxing district, city or 


town, at public sale only, by and after inviting sealed bids by 
advertisement for eleven (11) consecutive days in at least one 
daily newspaper published in any such district, city or town, 
and at a price not below the par or face value thereof, free 


from any sales commission or brokerage. 


(§ 186.) Sec. 16. Be it further enacted, That any provisions 
of said Chapter 32 of the Acts of 1899 of Tennessee, and of any 


Publication 
of ordinance. 


Bonds 
—how sold. 


150 


CHARTER OF THE CITY OF MEMPHIS. 


Power to ac- 
quire and 
maintain. 


How pur- 
chased. 


Must be with- 
in ten miles 
of city. 


Condemna- 
tion—proced- 
ure. 


other acts, so far as inconsistent with this act, are hereby re- 


pealed.? 


ARTICLE 21. 
PARKS. 

(§ 187.) Section 1. The city shall have power and authority 
to acquire, improve and maintain parks for the benefit of the 
public. The parks, or lands to be used for park purposes, may 
be purchased either by private negotiation or by condemnation, 
as hereinafter provided, as may be determined by the Legislative 
Council. If the parks, or lands for park purposes, be purchased 
by private negotiation, the negotiation shall be conducted by 
such member or members of the Legislative Council as shall 
be designated by said Council, but no purchase shall be effected 
until the same has the approval of a majority of the Legislative 
Council. And said parks, or lands for park purposes, may be 
purchased either within or without the limits of such taxing 
districts or cities, but not more than ten miles from the near- 
est point on the limits of such taxing districts or cities, as such 


limits may be at the time of such purchase. 


(§ 188.) Sec. 2. The city may condemn parks, or land for 
park purposes, under the power of eminent domain, and it is 
hereby expressly given the power to condemn for park pur- 
poses the yards, switches, tracks, the depot and property of 
every character of any railroad property, and also the property 
of any manufacturing establishment, and also the property 
of any persons or corporation, either within or without the lim- 
its of said city, but not over ten miles beyond the nearest point 
in said limits, as such limits may be at the time of such con- 
demnation, and the proceedings for the exercise of this power 
of condemnation shall be the same as that now provided by law 


for the taking of private property for public uses. 


(§ 189.) Sec. 3. In order to raise the means necessary to 


1 Sections 18 to 16, inclusive, passed April 10, 1903, Chapter 339, Acts 1903. 


CHARTER OF THE CITY OF MEMPHIS. 


151 


purchase or condemn parks, or lands for park purposes, the 
city is hereby authorized and empowered to issue its coupon 
bonds to an amount not exceeding two hundred and fifty thou- 
sand ($250,000) dollars, bearing a rate of interest not exceeding 
five per cent., maturing at such time, callable in such manner, 
as the Legislative Council may determine, and payable in lawful 
money of the United States of America. And, in order to secure 
the payment of said bonds and interest, such city may execute 
a trust deed on said parks, or park lands, and upon all the 
buildings and improvements situated upon the park lands, and 
such simulations and provisions may be incorporated in said 
trust deed for the security of said bonds as may be deemed 
necessary and expedient by the Legislative Council. But it is 
expressly provided that such bonds and coupons, to be issued 
as aforesaid, shall not create or carry any general liability 
against said city, but the holders of said bonds and coupons 
shall look solely to the security of said trust deed and said 


parks and park lands for the payment thereof, 


(§ 190.) Sec. 4. Such city is hereby authorized and em- 
powered to levy a special park tax annually, so long as said 
bonds shall remain outstanding; said tax shall not exceed twenty’ 
cents on the one hundred dollars, for any one year, and the 
proceeds of said tax shall be expended solely for the purpose 
of paying interest upon said bonds, and for the purpose of im- 


proving and keeping up said parks. 


[This park tax so levied is a special tax, and is not to be 
considered as embraced in any acts limiting the levy of taxes 


in such taxing districts and cities. ]? 


-(§ 191.) Sec. 5. Such city shall have the power to purchase, 
by private negotiation, or acquire by condemnation, a parkway 


or parkways, either running from said city to any such park, 


1 The special park tax was increased from ‘‘ten’’ to ‘‘twenty’’ cents by Chap- 
ter 362, Acts of 1903, and reduced to fifteen cents by Acts of 1909. 


2 In brackets amendment Chapter 362, Acts 1903. 


Park bonds 
to be issued. 


Special park 
tax. 


Parkways to 
be purchased 
or condemned. 


152 


CHARTER OF THE CITY OF MEMPHIS. 


Park Com- 
mission, term 
of office, du- 
ties and pow- 
ers. 


Regulations 
governing 
Park Com- 
mission. 


or running between and connecting such parks and such city, 
may purchase or condemn such parkways, either within or 
without the limits of such city, but in no case more than ten 
miles beyond the nearest point on the limits of such city as the 
same may be at the date of such purchase or condemnation, and — 
the proceeds of the bonds aforesaid may be used to pay for im- 


proving and maintaining such parkways. 


(§ 192.) Sec. 6. The Legislative Council shall have the power 
to establish, by ordinance, a Park Commission, composed of 
three members, who shall be elected by said Legislative Council. 
The first Park Commissioners elected shall be elected for the 
following terms: One for two years, one for four years, and 
one for six years, and at the expiration of the term of office 
of each Commissioner, his successor shall be elected for a term 
of six years. Such Park Commissioners shall have entire con- 
trol of the parks, park lands and parkways acquired by such 
city under the provisions of this act. It shall be their duty to 
direct the laying out, improvement and maintenance of said 
parks, engage all superintendents, gardeners and other employes, 
and no moneys shall be paid out of the proceeds of said park 
bonds, nor park tax, until the vouchers for the same are approved 
by at least two of said Park Commissioners. Said Park Com- 
missioners are hereby expressly empowered to open or close 
up any streets, alleys or roadways running across or in such 
parks or park lands, and they shall have this power as well 


within the limits of the city as without such limits. 


(§ 193.) Sec. 7. The Legislative Council shall have full and 
ample power to establish, by ordinance, rules and. regulations 
to govern said Park Commission, and to govern the employment 
and discharge of employes, and to fix the official bonds and the 


compensation of such Park Commissioners, and the employes.’ 


Approved March 31, Acts 1899, Chapter 142. 


1 Sections 1 to 7 passed March 31, Acts 1899, Chapter 142. 


CHARTER OF THE CITY OF MEMPHIS. 


(§ 194.) Sec. 8. The City of Memphis is authorized and em- 
powered to execute trust deeds and mortgages upon any park 
lands owned, to secure the payment of the principal and interest 
upon any bonds that it may execute or issue under the act ap- 
proved March 31, 1899; and the city is expressly empowered to 
execute trust deeds and mortgages upon any park lands and 
public property other than those acquired under the act approved 
March 31, 1899, as well as park lands acquired thereunder. In 
order to pay the principal of any bonds issued by the City of 
Memphis under said act, the city shall establish a sinking fund, 
to commence ten years after the date of said bonds, and such 
amount shall be added to the sinking fund each year, so that 
at the maturity of such bonds there shall be a sufficient amount 
in the sinking fund to pay off the principal of such bonds. The 
Legislative Council is vested with the power, and it is made 
their duty, to levy a tax upon the taxable property of the city, 
for the purpose of raising said sinking fund, and such an amount 
shall be raised by taxation each year as will be sufficient to 
establish the sinking fund herein required; and the power is 
vested in the city to invest said sinking fund safely and securely 


and in the manner it may deem best; and it is further author- 
ized and empowered to devote said sinking fund toward the pur- 
chase, in the open market, and retirement of any park bonds 


issued under the act approved March 31, 1899. 


(§ 195.) Sec. 9. The Legislative Council shall further have 
full power by ordinance, to appropriate not exceeding fifteen 
thousand ($15,000) dollars out of the funds authorized to be 


raised for park purposes to adorn such park belonging to the 
city as the Legislative Council may select by the erection of an 


equestrian statue of Gen. Nathan Bedford Forrest. 
In the event the Legislative Council may deem it desirable 


to retain the hospital grounds (now Forrest Park), it may do 


153 


Mortgage to 
secure pay- 
ment of park 
bonds. 


Sinking fund 
for payment 
of park bonds. 


Forrest 
monument. 


Hospital 
grounds con- 
verted into 
park, 


154 


Park tax on 
all property 
of 20 cents. 


When due— 
manner of col- 
lection. 


Separate ac- 
counts. 


CHARTER OF THE CITY OF MEMPHIS. 


<o, and convert the same into a public park, or devote the same 
to any other municipal purpose, as it may see fit.’ 


Act of February 6, 1895. 


CHAPTER 7, ACTS 1907. 

(§ 196.) Sec. 10. For the purpose of acquiring, constructing 
and maintaining parkways, boulevards and parks for each tax- 
ing district or city having a population of one hundred thousand 
or more by the Federal census of 1900, or any subsequent Ked- 
eral census, an annual tax is hereby levied on all the taxable 
property, real and personal, including merchants’ capital and 
all others who are assessed for taxes ad valorem on capital in- 
vested, bank stock and all other stock subject to taxation within 
the territorial limits of such taxing district or city, of twenty 


cents on the one hundred dollars of such taxable property. 


(§ 197.) Sec. 11. The tax hereby levied shall become due 
and be collected at the same time, and in the same manner, 
and by the same officers, as the other taxes imposed by or for 
such taxing districts or cities, with like liens and remedies for 
the collection and penalties for the non-payment thereof, and 
upon the same assessment and valuation. .The fees of the offi- 
cers shall be the same as for collecting other taxes within such 
taxing districts or cities. The sums collected for such taxes 
shall be used for the purpose of acquiring, constructing and 
maintaining parkways, boulevards and parks, and for no other 
purpose whatever. A separate account shall be kept in the of- 
fices of the County Trustees of the sums so collected for the 
said purpose. The County Trustee, respectively, shall, at the 
end of each month, pay over to the Park Commission of such 
taxing districts or cities all sums then in hand arising from 
the tax so collected, and take proper receipts therefor, and such 


sums so paid over shall be applied exclusively to the purpose 


1 Sections 8 and 9, Act of 1895. 


CHARTER OF THE CITY OF MEMPHIS. 


of acquiring, constructing and maintaining parkways, boulevards 


and parks. 


(§ 198.) Sec. 12. This park tax so levied is a special tax, 
and is not to be considered as embraced in any acts limiting the 


levy of taxes in such taxing districts or cities." 


HOUSE BILL NO, 175, ACTS 1909. 
(§ 199.) Sec. 13. For the purpose of enabling the City of 


-Memphis, acting through the Park Commission thereof, to ac- 
quire the property known as the Southern Railway Company 
yards, in Memphis, Tennessee, and such other property in the 
vicinity thereof as may, in the judgment of the Park Commis- 
sion, be necessary for parks or parkway purposes, and to com- 
plete the park, parkway and boulevard system of said City of 
Memphis, said City of Memphis is hereby authorized, by and 
through its Legislative Council, to issue negotiable bonds in an 
amount not to exceed one million ($1,000,000.00) dollars. Said 
bonds shall bear interest at the rate of not more than four and 
one-half (444) per cent. per annum, payable semi-annually, and 
shall be payable in not less than twenty nor more than fifty 
years after date, in lawful money of the United States. The 
interest on said bonds shall be payable semi-annually, and shall 
be evidenced by coupons attached to said bonds, and both prin- 
cipal and interest shall be payable at such place or places within 
or without the State, as such Legislative Council may designate. 
“Said bonds shall be of the denomination of one thousand ($1,- 
000.00) dollars each, and shall be signed by the Mayor and City 
Register of the City of Memphis, and said interest coupons shall 
‘bear the printed or lithographed fac simile of the signature of 


the Mayor. 


(§ 200.) Sec. 14. Be it further enacted, That said bonds may 


be in substantially the following form, to-wit: 


1 Sections 10, 11 and 12 passed January 30, 1907, Chapter 7, Acts 1907. 


155 


Special tax. 


To acquire 
Southern Ry. 
yards and oth- 
er property, 
etc. 


$1,000,000 
park bonds. 


Interest. 


Where pay- 
able. 


156 


CHARTER OF THE CITY OF MEMPHIS. 


UNITED STATES OF AMERICA, 
STATE OF TENNESSEE, 
City oF MEMPHIS. 


PARK AND PARKWAY BONDS. 


Know all men by these presents that the City of Memphis, 
a municipal corporation organized and existing under the laws 


of the State of Tennessee, hereby acknowledges itself indebted 


and promises to pay bearer the sum of 5 ANNE arrest 
Geet ar riapesespen ye -aollars, on thes 2sc38 Seta ae eee Cay OL. sae ss 
salah sa haenle Cee ae , 19...., with interest thereon at the rate of 


Regie bs ogi mt day Of. 200.6. ces eae ees, ON PIOSCNTALIONV eet 
render of the coupons hereto annexed as they severally become 
due, both principal and interest, in lawful money of the United 
States of America, at the City Hall in Memphis, Tennessee, or, 
at the option of the holder, at: the......¢i.0 6 ieee in the city 
and State of New York. - 

This bond is one of a series of bonds issued for the purpose 
of acquiring property for park purposes and completing a system 
of parks, parkways and boulevards of the City of Memphis, pur- 
suiant: to:;-Chaptern.e sas oon . of the Acts of Tennessee for the 
year 1909. This bond is issued under and pursuant to, and in 
strict conformity with, the Constitution and statutes of the State 
of Tennessee and charter of said City of Memphis and amend- 
ments thereto, and ordinances or proceedings duly passed and 
adopted. 

It is hereby certified, recited and declared that all acts, con- 
ditions and things required to be done, exist, happen and be 
performed precedent to and in the issuance of this bond, have 
been done, have existed and have happened and been performed 
in regular and due form and manner, as required by the Con- 


stitution and statutes. of said State and the charter of said city; 


CHARTER OF THE CITY OF MEMPHIS. 


and that this bond, together with all other indebtedness of said 
City of Memphis, does not exceed any limit prescribed by the Con- 
stitution or statutes of said State or charter of said city. 

The full faith and credit of said City of Memphis is hereby 
pledged for the payment of the principal and interest of this 
bond, as the same respectively become due; and for the levy 
and collection of sufficient taxes for that purpose. 

In witness whereof, said City of Memphis has caused this 
bond to be signed by its Mayor and the City Register, and the 
corporate seal of said city to be affixed hereto, and the coupons 
attached to this bond to bear the engraved or lithographed sig- 
nature of the Mayor, and this bond to be dated the.............. 


the City of Memphis, State of Tennessee, will pay to bearer 
Oar Tees Eclk aiele dollars, lawful money of the United States, 


at the City Hall in Memphis, Tennessee, or, at the option of the 


FRI GT eke LATO ett aa he. 7 Beta iia: docu s Be , in the city and State of New 
York, being six months’ interest then due on Park and Parkway 
RSE IN TM CILY 1; CALOGs 5 cfc irae we ale erates e719 tere. 

SBE eS ino LP ONG CMR Sata Ree Lan ae pe eee RR Mayor 


In case any of such officers whose signatures appear on the 
bonds or coupons shall cease to be such officers before the deliv- 
ery of such bonds to the purchaser, such signatures shall never- 
theless be valid and sufficient for all purposes, the same as if 


they had remained in office until the delivery of the bonds. 


157 


(§ 201.) Sec. 15. Said bonds shall be sold by the Park Com- Sale of bonds 


to be for par 


mission of said City of Memphis for the best terms offered at 2™d accrued 


such times and at such amounts as the Park Commission deter- 


mines; provided, that said bonds shall not be sold for less than 


interest; may 
pay expense 


brokerage, ete. 


158 


CHARTER OF THE CITY OF MEMPHIS. 


Park Board 
to control 
sale. : 


Proceeds of 

sale turned 

over to Park 
Board. 


Proceeds—how 
to be applied. 


To issue only 
$500,000 if 
Southern Ry. ~ 
yards are 
not acquired. 
See Ante, 
BCC was bared: 


par. The cost of printing and expenses of sale of said bonds 
and a brokerage or commission to the purchaser or others not 
exceeding one-eighth of one per centum of the amount of bonds 
sold, may be paid out of the proceeds of sale of said bonds, 
whether the same are sold at par or above par. 

Said Park Commission shall have entire charge and control 
of the sale of said bonds, and the Mayor and City Register shall 
execute and deliver the same, when called upon so to do by 


said. Park Commission. 


(§ 202.) Sec. 16. The entire proceeds of the sale of said 
bonds shall be paid over to the Park Commission, and after the 
payment of the cost of printing and all expenses of the sale 
of said bonds, the proceeds of sale shall be used as follows: 

(1) Not more than the sum of five hundred thousand dol- 
lars ($500,000.00) shall be used for the acquisition, by private 


negotiation or condemnation, of the property in the City of 


‘Memphis, known as the Southern Railway Company’s yards, 


and such other property in the vicinity thereof as, in the judg- 
ment of the Park Commission, may be necessary for park pur- 
poses and parkways and boulevards in connection therewith; 
provided, that if said Southern Railway Company’s yards can- 
not be acquired on terms reasonable and proper, in the judg- 
ment of the Park Commission of said City of Memphis, bonds 
to the extent of five hundred thousand dollars ($500,000.00) only 
shall be issued hereunder, and the proceeds thereof shall be 
used as hereinafter provided. | 

(2) The residue of the proceeds of sale of said bonds, or, in 
the event the said Southern Railway Company’s yards cannot 
be acquired as provided herein, then the proceeds of sale of 
bonds in the sum of ive hundred thousand dollars ($500,000.00) 
shall be used in completing the system of parks, parkways and 
boulevards of the City of Memphis, and shall be used and ex- 
pended by said Park Commission in such manner as it deems 


best for completing and perfecting said system. 


CHARTER OF THE CITY OF MEMPHIS. 


(§ 203.) Sec. 17. Said Park Commission so issuing bonds 
under this act is hereby given irrepealable power and authority, 
and is directed to pay the interest on said bonds evidenced by 
the coupons thereto attached, as the same matures, out of the 
taxes collected by said Park Commission under the existing 


law. 


(§ 204.) 
pledge its full faith and credit for the payment of the principal 


sec. 18. 
and interest of the bonds herein authorized, according to their 
tenor, and it shall be the duty of the Legislative Council of the 
City of Memphis, in addition to all other taxes authorized by 
law, to levy a tax to pay said bonds and coupons at their ma- 
turity; provided that the tax levied for said Park Commission 
shall not be sufficient to pay said bonds and coupons as they 


severally become due. 


(§ 205.) Sec. 19. 


other act of the General Assembly of Tennessee, be full author- 


This act shall, without reference to any 


ity to the City of Memphis to issue and sell bonds as in this 
act authorized, which bonds shall have all the qualites of nego- 
tiable paper under the law merchant, and shall not be invalid 
for any irregularity or defect in the proceedings for the issue 
and sale thereof, and shall be incontestable in the hands of bona 
fide purchasers for value. All acts and parts of acts, general 
or special, so far as they are inconsistent with this act, are 
hereby repealed. No proceedings on the part of said city in 
respect of the issuance of any such bonds shall be necessary, 


except such as are required by this act.’ 


1 Sections 13 to 19, Act of 1909, House Bill 175. 


The City of Memphis is authorized to 


159 


Interest to 
be paid out 
of taxes of 
Park Board. 


Faith of city 
pledged for 
payment. 


Bonds not 
invalidated 
by any defect 
in proceedings. 


Incontestable 
—when. 


160 


Board of Edu- 
eation of 
Memphis city 
schools—how 
constituted. 


Commission- 
ers’ election. 


CHARTER OF THE CITY OF MEMPHIS. 


CHAPTER 2. 


ARTICLE 22. 
MEMPHIS CITY SCHOOLS. 


COMMISSIONERS, ELECTION, ORGANIZATION, DUTIES, QUALIFICATION, 
BOND ISSUES, ETC. 


(All sections herein other than those to which foot note ref- 


erences are given are the acts of January 27, 1869.) 


(§ 206.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That the Memphis City Schools shall 
hereafter be placed under the exclusive management and control 
of a Board of Education, consisting of [five School Commission- 
ers, who shall be elected from the said city at large, where said 
incorporated system of schools is respectively located]’, as here- 
inafter directed, and that said Board is hereby created and 
constituted a body politic and corporate, by the name and style 
of the Board of Education of the Memphis City Schools, who 
shall have succession for ninety-nine years; and by name and 
style aforesaid, may purchase, receive, hold and possess prop- 
erty of any kind for the use of said city schools; may sue and 
be sued, plead and be impleaded, answer and be answered unto 
in all courts of record and courts of inferior jurisdiction; and 
said Board shall have power to make, have and use a common 
seal, the same to break, alter and renew at pleasure, and gen- 
erally to do and execute all acts, matters and things which a 
corporation or body politic in law may and can lawfully do 


and execute. 


(§ 207.) Sec. 2. (Section 2 of the Acts of 1869 repealed by | 
act of February 27, 1888. See Section 9 of said acts.) 


(§ 208.) Sec. 3. [Said Commissioners shall be elected by the 
qualified voters of such Taxing District, and their election shall 
take place at the same time that members of the General As- 


sembly are elected, viz.; | on the Tuesday next after the first 


1 In brackets amendment passed February 27, 1888, Section 1. 


CHARTER OF THE CITY OF MEMPHIS. 


Monday in November, 1908, and every four years thereafter, and 
the term of office of said Commissioners shall be for a term 
of four years, and they shall hold their office for such term, 
and until their successors are elected and qualified four years 
thereafter; provided, that the present two Commissioners, whose 
term of office expires January 1, 1908, shall hold their office 
until the election and qualification of their successors, as above 
provided. | 

The President of the Board of Education shall cause, at least 
ten days previous, notice of said election in one or more news- 
papers of said city; said election to be conducted as for other 


city officers, and the cost to be paid by the city government. 


(§ 209.) Sec. 4. (Section 4 of the Acts of January 27, 1869, 
repealed. See Acts of February 27, 1883, and of March 5, 1891.) 


(§ 210.) Sec. 5. (Section 5 of the Acts of January 27, 1869, 
repealed. See Section 9 of the Acts of February 23, 1883.) 


(§ 211.) Sec. 6. [Be it further enacted, That said Commis- 
sioners shall, immediately on their appointment, organize their 
respective Boards of Education by electing a President and Vice- 
President from among their number, and by electing a Super- 
intendent who is not a School Commissioner, and by electing 
a Secretary and Treasurer. ._No Commissioner .shall be eligible 
to the position of Secretary or Treasurer during the term for 
which he was elected Commissioner. Said Board of Education 
shall enact the by-laws for their government; they shall pay 
the Superintendent a salary not exceeding $3,600 per annum, 
and their Secretary a salary not exceeding $1,800 per annum. ] 

The Treasurer and Secretary shall give bond in such penalty 
as the Board may direct, for the faithful performance of their 
duties, with such security as the Board may approve; and all 


contracts, orders, drafts upon the school funds, notes, bonds, 


1 Section 8 of the Acts of January 27, 1869, as amended by act passed February 
27, 1883, and Act of April 9, 1907 (amendment in brackets). 


161 


Election ex- 
pense. 


Organization 
of Board. 


Salary. 


Bond and du- 
ties of Secre- 
tary and 
Treasurer, 


162 CHARTER OF THE CITY OF MEMPHIS. 


obligations, conveyances, transfers of real estate, and all other 
instruments of writing made or ordered to be made or executed 
by the Board, shall be signed by the President, and shall be 
countersigned by the Secretary, or by such other person as 
shall be duly and legally authorized by said Board, and, when 
necessary, sealed with the corporate seal of the Board.” 

Salary of (§ 212.) Sec. 7. Be it further enacted, That each one of the 


President and 
Commission- fjye Commissioners shall enter into bonds in the sum of $5,000, 


i with two good and sufficient sureties, which bonds shall be 
approved, in writing, by and filed with the President of the Tax- 
ing District for the faithful performance of their duties; and the 
President of the Board shall also enter into an additional bond 
of $5,000, secured, approved and filed in like manner, for the 
faithful performance of his duties as President. The President 
of the Board shall receive a salary not exceeding $600 per an- 
num, payable in equal monthly payments, and each of the other 
Commissioners shall receive a salary not to exceed $480 per 
annum, payable in like manner. They shall be citizens of said 
Taxing District. Each Commissioner shall be a man of good 
moral character and temperate habits. He shall be able to 
read and write, and shall have a general knowledge of the com- 
mon branches of learning sufficient to enable him to judge of 
the qualifications of teachers. He shall not hold any office or 
position for pay or compensation in the employ of the Board 
of Education, except the office of President, Vice-President or 
Chairman of its Committee on Buildings and Grounds, whose 
compensation shall not exceed $600 per annum, including his 
salary as Commissioner, nor shall he be interested, directly or 
indirectly, in any contract or business of said Board. The Board 
of Education shall be the judge of the qualifications of its own 


members.’ 


2 Section 6 of the Acts of 1869, as amended by the Acts of February 27, 1883, 
Section 7; Acts of March 3, 1891, and Acts of February 13, 1907, Section 7. 


1 Chapter 87, Acts of 1907. 


CHARTER OF THE CITY OF MEMPHIS. 163 
(§ 213.) Sec. 8. Said Board shall have power to judge of the Duties and 
abe of 
Board. 


qualifications of its members; to punish members for disorderly 
conduct at the meetings of the Board or in the discharge of their 
duty as members of the Board of Education, and, with the con- 
currence of two-thirds of the members-elect, expel a member. 
Said Board shall have the power to employ and dismiss super- 
intendents, teachers, agents, servants, etc., and determine their 
compensation; to contract for school rooms, purchase maps, 
globes and whatever else they may deem necessary for the 
instruction of the pupils; and adopt such rules and regulations 
for their own government and the government of the schools 
as they may deem expedient, keeping a full record of their pro- 
ceedings; and said Board shall have the power to fill all vacan- 
cies occurring in their own body. [Three Commissioners, where 
regularly assembled in session, shall constitute a quorum for the 


transaction of business, but not otherwise. |* 


(§ 214.) Sec. 9. No one shall be admitted as a free pupil in 
said city schools except the children of persons who are bona 
fide residents within the limits of said city; but the Board of 
Education may admit children living beyond said city limits, 
upon payment, in advance, to the Secretary or Treasurer, of such 
tuition fees as they shall prescribe; and such payment may also 
be taken of pupils whose parents or guardians reside out of said 
city, but permit their children or wards to reside within to at- 
tend said city schools; and the Board may, at their discretion, 
prescribe higher branches of study than those which are com- 


monly taught in the public schools of other cities. 


(§ 215.) Sec. 10. All moneys accruing from the State School 
Fund to those Civil Districts of Shelby County which embrace 
within their boundaries any portion of the City of Memphis, 


shall be paid directly by the State Superintendent to the Treas- 


2 In brackets amendment of 1907, Chapter 87 (balance Acts of January 27, 1869, 
as amended by Section 6 of the Acts of February 27, 1883). 


What pupils 
shall be ad- 
mitted free. 


Pay pupils. 


State school 
fund—how 

apportioned 
to Memphis 
city schools. 


164 


CHARTER OF THE CITY OF MEMPHIS. 


City tax for 
school pur- 
poses—how 

levied and 

collected. 


urer of the Board of Education in the proportion to which those 
portions are entitled by their amount of scholastic populations; 
provided that no money shall be paid over by the State Super- 
intendent of Instruction to said City Treasurer until said City 
Board of Education shall have returned to him the scholastic 
population, and made all other reports required by them, in ac- 
cordance with the general school laws of the State, and the 
Board of Education shall, in the month of December, each year, 
make an estimate of the expenses of the city schools for the 
next ensuing year, and report the same to the Mayor and Board ~ 
of Aldermen, who shall thereupon proceed to levy a tax upon 
such property as is taxed for other city purposes, sufficient to 
cover such expenses; provided it shall not exceed a ratio of ten 
dollars for every youth between the ages of 6 and 20 years; and 
the Mayor and Board of Aldermen of the. City of Memphis shall 
be held responsible for the collection of said tax; the tax to be 
called the school tax shall be collected by the Tax Collector 
of the City of Memphis as other city taxes are; and said Tax 
Collector shall, at least once in every year, and oftener, if required 
in writing by the Secretary or President of the Board, faithfully 
and punctually pay over to the Treasurer of the Board of Edu- 
cation all money collected for the school fund, subject to the 
orders of this Board, and the Tax Collector and his securities 
shall be held responsible for the faithful performance of this 
provision of the Board of Education. No certificate of indebt- 
edness, except the warrant issued by the said Board, shall be 
received in payment of said school tax. [The taxes levied for 
school purposes shall be a special tax for school purposes, and 


is not to be considered as embraced in any act limiting the levy 


of tax in such Taxing District or city]? . 


2 In brackets Acts of 1907, Chapter 87 (balance Act of January 27, 1869). 


CHARTER OF THE CITY OF MEMPHIS. 


165 


(§ 216.) Sec. 11. The Board of Education shall have power 
to purchase lots and contract for the erection of said school 
buildings thereon, provided cost of said lots and buildings shall 
not exceed the sum of $50,000 per annum for the term of ten 
(10) years from the 14th of January, 1869, unless authorized 
to exceed that amount by a vote of the citizens in their respec- 
tive wards, at an election held for that purpose by the Board 
of Education; and the Mayor and Board of Aldermen of the City 
of Memphis are hereby required to make immediate provision 
for the payment of same, to do which they shall have power 
to levy a special tax upon such property as is taxed for other 
city purposes, either for the whole or in part of the required 
amount; and the better to enable them to provide such means 
promptly and lessen. the burden of immediate taxation, said 
Mayor and Board of Aiderplen may, at their discretion, issue 
the bonds of said city, if issued, not to exceed, in all, the sum 
of $500,000, having not more than thirty years to mature, and 
bearing 6 per cent. interest per annum, payable semi-annually 
in the City of New York, or in Memphis, as they designate, for 
all, or any portion, of the required amount; and all moneys 
accruing from such tax and said bonds, if issued, shall be paid 
at once to the Treasurer of the Board of Education, and shall 
be known as school bonds, and the semi-annual interest that may 
become due on the same shall be provided for by the Board of 
Mayor and Aldermen, as may be required by the Board of Edu- 
cation, in addition to the school tax heretofore provided for in 
Section 9. And the Board of Mayor and Aldermen shall be 
required to provide a sinking fund to pay the principal of said 
bonds. And, so soon as the bonds of Mayor and Board of Alder- 
men of the City of Memphis shall have been issued for the 
purposes named in this section, they shall constitute a lien on 
the real property belonging to the Board of Education, and the 
holders of said bonds shall be invested with said lien, without 


a mortgage or deed from said Board of Education, to secure the 


School build- 
ings, cost of, 
regulated. 


School bonds 
authorized. 


School bonds 
a lien with- 
out mortgage. 


166 


CHARTER OF THE CITY OF MEMPHIS. 


ses 


Annual re- 
port. 


Qualifications 
of members 
of Board. 


Qualifications, 


payment of said bonds, as well as the interest thereon, as the 


same becomes due. 


(§ 217.) Sec. 12. At the close of every scholastic year, on 
the 30th of June, the Board of Education shall publish for the 
information of their constituents, an annual report, setting forth 
their principal doings and expenses for the year, together with 


their estimate of the expenses for the succeeding year. 


(§ 218.) Sec. 138. No member of the Board of Mayor and 
Aldermen, or officer of the corporation of the City of Memphis, 
elected, shall be eligible to membership in the Board of Edu- 
cation, nor any person who has not been a resident of the ward 
(city) from which he is elected at least twelve months prior to 
his election, and if any person who shall have been elected from 
the city shall move from [within the limits of]* said city, he 
shall vacate his seat in said Board, and the vacancy shall be 
filled by the Board as soon as may be by a citizen possessing all 


the qualifications required by this act. 


[They shall be citizens of said Taxing District; each Com- 
missioner shall be a man of good moral character and temper- 
ate habits. He shall be able to read and write, and shall have 
a general knowledge of the common branches of learning, suf- 
ficient to enable him to judge of the qualifications of teachers. 
He shall not hold any office or position for pay or compensation 
in the employ of the Board of Education, nor shall he be in- 
terested, directly or indirectly, in any contract or business of 
said Board. The Board of Education shall be the judge of the 


qualifications of its own members. ]|* 


3 Acts of January 27, 1869, as amended by Acts December 18, 1869. 


4 In brackets amendment of February 27, 1883, as amended by the Acts of Feb- 
ruary 13, 1907. 


CHARTER OF THE CITY OF MEMPHIS. 


(§ 219.) Sec. 14. The School Commissioners shall fill all 
vacancies which shall occur in the office of School Commissioner 
by death, resignation, removal or otherwise, and the Commis- 
sioner so elected to fill a vacancy shall hold his office until the 
next election thereafter of Taxing District officers, when his suc- 


cessor shall be elected and qualified.’ 


(§ 220.) Sec. 15. The title of the schoolhouse sites, lots, fur- 
niture, books, apparatus and appurtenances, and all other school 
property in this act mentioned, shall be, and is hereby, vested 
in the Board of Education of the Memphis city schools, and the 


same, while used or appropriated for school purposes, or any 


167 


Vacancies in 
Board. f 


Title to all 
school prop- 
erty in Board 
of Education 
of Memphis 
city schools. 


other property, the title of which is vested in the Board of Edu- 


cation, shall [not]* be subject to taxation while in the possession 


of the said Board for educational purposes. 


($ 221.) Sec. 16. 


maintain separate schools for the use and accommodation of 


Said Board of Education shall provide and 


the white and colored youth of the city, entitled to admission 
in the public schools of the City of Memphis, subject, in all 


respects, to the same rules, regulations and treatment. 


(§ 222.) Sec. 17. The School Board shall make out a sworn 
statement of receipts and expenditures, and publish the same 
for the information of the people. That all the acts coming in 
conflict with this act be, and they are hereby, repealed, and 


that this act take effect from and after its passage. 


(§-228.) See.: 18. 


real and personal property, privileges and polls, levied on ac- 


All revenue arising from assessments on 


count of public schools or public education in the Taxing Dis- 
tricts, shall be for the use and benefit of the public schools in 
the Taxing Districts, and when the tax is collected it shall be 
paid over weekly to the Treasurer of the Board of Education of 


the Taxing District. 


5 Amendment February 27, 1883. 
1 Amendment Act December 18, 1869. 


Separate 
schools for 
white and 
colored. 


Sworn state- 
ment of re- 
ceipts and 

expenditures 
to be pub- 

lished. 


School reve- 
nue to be 
paid to Treas- 
urer of Board 
of Education 
weekly. 


168 


School cen- 


sus. 


School bonds 


to extent 
$100,000. 


Character 
bonds to be 
issue, 


of 


of 


CHARTER OF THE CITY OF MEMPHIS. 


(§ 224.) Sec. 19. The said Board of Education shall keep 
the Zatiolastic census required by law in a well bound book, in 
which shall be entered the name, age, color and sex of each 
person of scholastic age. Said Boards of Education shall in no 
case pay for taking census more than two cents for each person 
of scholastic age enumerated in census returns. Said census 
returns, when taken, and before their adoption, shall be referred 
to a special committee of three Commissioners, who shall com- 
pare said returns with the total population of such Taxing Dis- 
trict, and with the census returns of preceding years, and with 
other dates and statistics, and they shall report in writing to 
the Board of Education whether or not, in their opinion, the 


census has been fully and fairly taken. 


1889. 
AN ACT to authorize incorporated Boards of Education of public 
schools in taxing districts of 30,000 inhabitants, or over, ac- 
cording to the Federal Census of 1880, or any future census, 


to issue bonds for certain purposes. 


(§ 225.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That incorporated Boards of Educa- 
tion in Taxing Districts of 30,000 inhabitants, or over, according 
to the Federal Census of 1880, or any future census, be, and 
the same, are hereby, invested with authority to issue coupon 
bonds to an amount not to exceed $100,000 for the purpose of 


providing ways and means for school buildings and grounds. 


(§ 226.) Sec. 2. Bonds authorized by this act may be issued 
in such denominations, and made payable when and where it 
may seem to the Boards of Education best fitted to accomplish 
the object in view. Provided, however, that the said bonds shall 
be issued in series of equal amounts, with five years intervening 


between the maturity of each series, except the bonds in the first 


3 Amendment February 27, 1883. 


CHARTER OF THE CITY OF MEMPHIS. 


series, which shall mature in seven years, so as to absorb during 
the period of each of said series the sinking fund hereinafter 


provided; that the said Boards of Education shall not sell or 


169 


dispose of either or any of the bonds issued under this act at — 


less than par, or for any other consideration but lawful cur- 
rency of the United States; that the Bald bonds shall not bear 
a greater rate of interest than 6 per cent. per annum. And, pro- 
vided further, that the said Boards of Education issuing bonds 
under this act shall only issue them in such amounts as that 
the proceeds can be immediately applied to the purposes herein 


designated. 


(§ 227.) Sec. 3. Said Boards of Education are hereby au- 
thorized and empowered to mortgage, by deed of trust, the real 
estate and buildings thereon, owned by them, to secure prompt 
and faithful payment of the said bonds and coupons, issued by 


them under this act, as they respectively become due. 


(§ 228.) Sec. 4. The Boards of Education shall pay, and 
are hereby authorized to pay, the interest maturing on the said 
bonds during the year 1889 and 1890 out of any funds collected 


by them levied for school building purposes. 


(§ 229.) Sec. 5. The Boards of Police and Fire Commission- 
ers, or other rightful corporate authorities of said Taxing Dis- 
tricts, shall, at the time of preparing the budget of taxation to 
defray the expenses of the said Taxing Districts for the years 
1891 and 1892, and every two years thereafter, until said bonds 
and coupons are paid, include in the said budget, in addition 
to the school tax for general purposes, a yearly tax sufficient 
to pay the interest coupons attached to the said bonds, as they 
may mature, and also a yearly tax sufficient to create a sinking 
fund to pay the said bonds as they may mature in their respec- 
tive series; provided, the said Boards of Police and Fire Com- 
missioners shall not be compelled, during the existence of these 


bonds, to recommend a tax for more than twenty-five (25) cents 


Secured by 
mortgag2, ete. 


Interest 1889 
and 1890— 
how paid. 


Interest and 
principai— 
how provid- 
ed for, 


170 


CHARTER OF THE CITY OF MEMPHIS. 


Sinking fund 
—how used. 


Bond register. 


on the hundred dollars for school purposes, including the said 
interest and sinking fund and any and all other expenses of 
the public schools. The said tax so levied shall be collected 
by the County Trustees as other taxes levied for said Taxing 


Districts. 


(§ 230.) Sec. 6. The said sinking fund collected under this 
act shall be held and invested by the Fire and Police Commis- 
sioners, or their corporate successors, either in purchasing or 
retiring these bonds or investing the same in other public securi- 
ties, as, in their judgment, may seem best for the safe preser- 
vation of this fund until the said bonds mature, when they 
shall use the said sinking fund and all accumulations in pay- 
ment of said matured bonds. Any balance which may be in 
their hands over that necessary to retire the maturing series, 
may be applied to retiring the next succeeding series, or invested 
in other securities for the protection of said bonds. And the 
said Boards of Fire and Police Commissioners shall make semi- 
annual reports to the said Boards of Education of the exact 
condition of the said sinking fund and interest. The said Com- 
missioners shall be allowed no compensation for services under 


this act. 


(§ 231.) Sec. 7. The said Boards of Education shall cause 
to be prepared a register for the said bonds and coupons, show- 
ing their date, amount and disposition of same, and make a 
full annual report thereof to the public, at the time of making 
its general report, for which services no compensation shall be 
allowed. 


Passed March 28, 1889. 


CHARTER OF THE CITY OF MEMPHIS. 


AN ACT to authorize incorporated Boards of Education of public 
schools in cities and taxing districts of 60,000 inhabitants, or 
over, according to the Federal census of 1890, or any future 


census, to issue bonds for certain school purposes. 


1899. 


(§ 232.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That incorporated Boards of Educa- 
tion in cities or taxing districts of 60,000 inhabitants, or over, 
according to the Federal census of 1890, or any future census, 
be, and the same are hereby, invested with power and authority 
to issue coupon bonds to an amount not exceeding $30,000, in 
addition to any bonds heretofore issued by such Boards, or any 
of them; said bonds so authorized to be issued to be for the 
purpose of providing ways and means for the construction and 
maintenance of school buildings and grounds, and for other 


school purposes. 


(§ 233.) Sec. 2. That the bonds authorized by this act shall 
be issued in denominations of $500 each, made payable twenty 
years from and after date, bearing a rate of interest not exceed- 
ing in amount four and one-half per cent. per annum, and paya- 
ble in lawful money of the United States, and at such place as 
such Boards of Education may fix and determine, the form of 
said bonds to be fixed and prescribed by such Boards of Edu- 


cation. 


(§ 234.) Sec. 3. Said Boards of Education, and each of them, 
are hereby authorized and empowered to secure the payment 
of each and all of said bonds and coupons authorized by this 
act to be issued, ratably, and without preference, by a mort- 
gage or trust deed upon any and all the real.estate and build- 
ings thereon, the property of said Boards of Education, and said 
mortgages or trust deeds’ may contain such terms and provi- 


Sions as said Boards of Education, or any of them so issuing 


171 


School bonds 
to be issued. 


Maturity 
and interest. 


Security for 
payment, 


172 


CHARTER OF THE CITY OF MEMPHIS. 


Fund for 
payment. 


said bonds, may deem most expedient and best, not inconsistent 
with this act. 

(§ 235.) Sec. 4. The Boards of Education so issuing said 
bonds under this act are given the irrepealable power and au- 


thority, and are directed to pay the interest evidenced by the 


‘coupons upon said bonds as they severally mature, from and 


Tax for 
school bonds 
authorized. 


Sinking fund 
—how used. 


Bond _ register. 


out of the taxes hereinafter authorized and directed to be levied 
and collected for this purpose, and said taxes shall’ be used 


for this specific purpose and for none other. 


(§ 236.) Sec. 5. The Legislative Council, or other governing 
agency of said cities and taxing districts, are hereby given the 
irrepealable power and authority, and are directed, in addition 
to the taxes levied by them for the maintenance of said schools, 
or the payment of bonds heretofore issued by said School Boards, 
and now outstanding, to annually levy a tax sufficient to pay » 
the interest on said bonds authorized to be issued by this act, 
as the same matures, and to create a sinking fund sufficient to 


pay the principal of said bonds at their maturity. 


(§ 237.) Sec. 6. The said sinking fund directed by this act 
shall be held and invested by the Fire and Police Commission- 
ers, or other governing agency of said cities and taxing districts, 
or by their corporate successors, either in purchasing and retir- 
ing bonds authorized to be issued by this act, or by investing 
said sinking fund in other public securities, as, in their judg- 
ment, may seem best for the safe preservation of said fund and 
all accumulations thereof in payment of the principal of said 
bonas. 

(§ 238.) Sec. 7. Said Boards of Education issuing bonds 
under this act shall cause to be prepared a register of said 
bonds and coupons, showing their date, amount and disposition 
made of same, and make report thereon at the time of making 
their general report, for which service no compensation shall be 
allowed. 


Approved. April 22, 1899. 


CHARTER OF THE CITY OF MEMPHIS. 


173 


AN ACT to transfer to the School Commissioners, or Board of 
Education, of the City of Memphis all of the public school 
property and public school funds in the hands of the District 
School Directors in the territory who may attend the public 
schools of the act passed at the present session of the Legis- 
lature; to provide for the management and conduct of the 
district schools so annexed during the present scholastic year, 
and for the payment of tuition fees by children residing in 
said annexed territory who may attend the public schools of 
the City of Memphis until the close of the present school 


year. 


(§ 239.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That all of the public schools and 
school buildings, lands, leases, lots and other school property 
of every character, situated within the territory annexed to the 
City of Memphis by an act of the Legislature, passed January 
18, and approved January 25, 1899, is hereby granted and trans- 
ferred to the School Commissioners, or Board of Education, of 
the City of Memphis, to be held and used for educational pur- 
poses; but said School Commissioners, or Board of Education, 
shall not take control and possession of said schools and school 


property until July 1, 1899. 


(§ 240.) Sec. 2. Be it further enacted, That all the school 
funds in the hands of the School Directors of Civil Districts, 
or parts thereof, annexed to the City of Memphis by the act 
hereinbefore mentioned, that shall be and remain in their 
hands or subject to their control on the ist day of July, 1899, 
shall be turned over to the School Commissioners, or Board 
of Education, of the City of Memphis on that date; and where 
only a part of any Civil District has been annexed, as aforesaid, 
the said school funds shall be divided between the School Com- 
missioners, or Board of Education, of the City of Memphis, and 


_the School Directors of said Civil District or, Districts, in pro- 


School prop- 
erty in an- 
nexed terri- 
tory trans- 
ferred to 
Board of Edu- 
cation of 
Memphis city 
schools, 


School. funds 
of annexed 
territory 
transferred 
to Board of 
Education of 
Memphis 
city schools. 


174 


Public 
schools in an- 
nexed terri- 
tory—how 
controlled. 


Children 
within 
one-half 

mile of pre- 
vious city 
limits al- 
lowed to at- 
tend schools. 


CHARTER OF THE CITY OF MEMPHIS. 


portion to the scholastic population within and without the .part 
so annexed, the scholastic census of each part to be taken by 
the School Commissioners, or Board of Education, of the said 


City of Memphis. 


(§ 241.) Sec. 3. Be it further enacted, That the public schools 
in the territory annexed as aforesaid shall be manner) and 
conducted by the present District School Directors until the 
close of the present school year; provided, that the provisions 
of this act shall not apply to the school known as the Idlewild 
School, as to which school the said School Commissioners, or 
Board of Education, of the said City of:-Memphis shall assume 
control of and conduct in like manner as other city schools. 


Approved March 30, 1899. Chapter 122, page 198. 


AN ACT to-grant certain school privileges to children residing 


within one-half mile of the limits of the City of Memphis. 


(§ 242.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That hereafter children being within 
the age now required by law, and residing within one-half mile 
of the limits of the City of Memphis, as said limits now are, or 
may be hereafter ne shall be received in and have the right 
to attend, free of tuition, the public schools inside the City of 
Memphis, nearest to their respective places of residence, for five 
years from the date of the passage of this bill. 

Approved January 28, 1899. 

Chapter 59, page 82. 


CHAPTER 41, ACTS 1907. 
AN ACT to authorize incorporated Boards of Education of public 
schools in cities and taxing districts of 100,000 inhabitants 
or over, according to the Federal census of 1900, or any fu- 


ture census, to. issue bonds for certain school purposes, 


(§ 248.) Section 1. Be it enacted by the General Assembly 


CHARTER OF THE CITY OF MEMPHIS. 


of the State of Tennessee, That incorporated Boards of Educa- 
tion in cities or taxing districts of 100,000 inhabitants or over, 
according to the Federal census of 1900, or any future census, 
be, and the same are hereby, invested with power and authority 
to issue coupon bonds to an amount not exceeding $300,000, in 
addition to such bonds, or any of them, said bonds so authorized 
to be issued for the purpose of providing ways and means for the 
construction of school buildings and grounds, and for improve- 


ments and repairs to school property. 


(§ 244.) Sec. 2. Be it further enacted, That bonds author- 
ized by this act may be issued in such denominations, and made 
payable when it may seem to the Boards of Education best fitted 
to accomplish the object in view, and shall bear a rate of in- 
terest not exceeding four per cent. per annum, payable in lawful 
money of the United States, and at such place as such Boards 
of Education may fix and determine. Said bonds shall be in 
such form as may: be fixed and prescribed by said Boards of Edu- 
cation, and shall be signed with the signature of the President 
and the Secretary of such Boards, the interest coupons at- 
tached to such bonds bearing the engraved or lithographed sig- 
nature of the President and the Secretary of such Boards; pro- 
vided, however, that said bonds shall not be sold for less than 


par, and no commission shall be paid for the sale of said bonds. 


(§ 245.) Sec. 8. Be it further enacted, That said Boards of 
Education, and each of them, are hereby authorized and em- 
powered to secure the payment of each and all of said bonds 
and coupons authorized by this act to be issued, ratably and 
without preference, by a mortgage or trust deed upon any and 
all real estate and buildings thereon. The property of said 
Boards of Education and said mortgages or trust deeds may 
contain such terms or provisions as such Boards of Education, 
or any of them so issuing said bonds, may deem most expedient 


and best, not inconsistent with this act. 


175 


176 


CHARTER OF THE CITY OF MEMPHIS. 


(§ 246.) Sec. 4. Be it further enacted, That the Boards of 
Education so issuing said bonds under this act are given the 
irrepealable power and authority and are directed to pay the 
interest evidenced by the coupons upon said bonds as they 
severally mature from and out of the taxes hereinafter author- 
ized and directed to be levied and collected for this purpose, 
and said taxes shall be used for this specific purpose and none 


other. 


(§ 247.) Sec. 5. Be it further enacted, That the Legislative 
Council, or other governing agencies, of ‘said cities and taxing 
districts are hereby given the irrepealable power and author- ’ 
ity, and are directed, in addition to the taxes levied by them 
for the building of said schools, or the payment of bonds here- 
tofore issued by said School. Boards, and now outstanding, to 
annually levy a tax sufficient to pay the interest on such bonds 
authorized to be issued by this act as the same mature, and to 
create a sinking fund sufficient to pay the principal of said 


bonds at their maturity. 


(§ 248.) Sec. 6. Be it further enacted, That the said sinking 
fund directed by this act shall be held and invested by the Fire 
and Police Commissioners, or other governing agencies, of said 
cities and taxing districts, or by their corporate successors, 
either in purchasing and retiring the bonds authorized to be 
issued by this act or by investing said sinking fund in other 
public securities, as, in their judgment, may seem best for the 
safe preservation of said fund until said bonds mature, when 
they shall use said sinking fund, and all accumulations thereof, 


in payment of the principal of said bonds. 


As 249.) Sec. 7. Be it further enacted, That said Boards of 
Education issuing bonds under this act shall cause to be pre- 
pared a register of said bonds and coupons, showing their date, 


amount and disposition made of same, and make report thereon at 


CHARTER OF THE CITY OF MEMPHIS. 


the time of making their general report, for which service no 


compensation shall be allowed.* 


CHAPTER 340, ACTS OF 1905. 


AN ACT to authorize incorporated Boards of Education of public 


schools in cities and taxing districts of 100,000 inhabitants or 
over, according to the Federal Census of 1900, or any future 


census, to issue bonds for certain school purposes. 


(§ 250.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That incorporated Boards of Educa- 
tion in cities or taxing districts of 100,000 inhabitants or over, 
according to the Federal census of 1900, or any future census, 
be, and the same are hereby, invested with power and authority 
to issue coupon bonds to an amount not exceeding $125,000, in 
addition to such bonds heretofore issued by such Boards, or any 
of them; said bohds so authorized to be issued for the purpose 
of providing ways and means for the construction of school 
buildings and grounds, and for improvements and repairs to 


school property. 


(§ 251.) Sec. 2. Be it further enacted, That bonds. author- 
ized by this act may be issued in such denominations and made 
payable when it may seem to the said Board of Education best 
fitted to accomplish the object in view, and shall bear a rate 
of interest not exceeding four and one-half per cent. per annum, 
payable in lawful money of the United States, and at such place 
as such Boards of Education may fix and determine. Said 
bonds shall be in such form as may be fixed and prescribed 
by said Boards of Education, and shall be signed with the sig- 
natures of the President and Secretary of such Boards, the in- 
terest coupons attached to such bonds bearing the engraved or 
lithographed signature of the President and Secretary of such 


Boards; provided, however, that said bonds shall not be sold 


1 Sections 1 to 7 passed February 6, 1907, Chapter 41. 


Board of 
Education 
may issue 
bonds. 


Form of 
bonds. 


177 


178 


Bonds may be 
secured by 
mortgage. 


Pay interest 
on bonds. 


Council to 
levy tax for 
interest on 
sinking fund. 


Sinking fund 
to be in- 
vested. 


CHARTER OF THE CITY OF MEMPHIS. 


for less than par, and no commission shall be paid for the sale 


of said bonds. 


(§ 252.) Sec. 8. Be it further enacted, That said Boards of 
Education, and each of them, are hereby authorized and empow- 
ered to secure the payment of each and all of said bonds and 
coupons authorized by this act to be issued, ratably and with- 
out preference, by a mortgage or trust deed upon any and all 
real estate and buildings thereon; the property of said Board 
of Education and said mortgages or trust deeds may contain such 
terms or provisions as such Boards of Education, or any of 
them so issuing said bonds, may deem most expedient and best, 


not inconsistent with this act. 


(§ 253.) Sec. 4. Be it further enacted, That the Boards of 
Education so issuing said bonds under this act are given the 
irrepealable power and authority, and are directed to pay the 
interest evidenced by the coupons upon Bre bonds as they sev- 
erally mature from and out of the taxes hereinafter authorized 
and directed to be levied and collected for this purpose, and 
said taxes shall be used for this specific purpose and for none 


other. 


(§ 254.) Sec. 5. Be it further enacted, That the Legislative 
Council, or other governing agencies, of said cities and taxing 
districts are hereby given the irrepealable power and authority, 
and are directed, in addition to the taxes levied by them for the 
building of said schools, or the payment of bonds heretofore 
issued by said School Boards, and now outstanding, to annually 
levy a tax sufficient to pay the interest on such bonds author- 
ized to be issued by this act as the same mature, and to create 
a sinking fund sufficient to pay the principal of said bonds 


at their maturity. 


(§ 255.) Sec. 6. Be it further enacted, That the said sinking 
fund directed by this act shall be held and invested by the 


Fire and Police Commissioners, or other governing agencies, of 


CHARTER OF THE CITY OF MEMPHIS. 


179 


said cities and taxing districts, or by their corporate successors, 
either in purchasing and retiring the bonds authorized to be 
issued by this act or by investing said sinking fund in other 
public securities, as, in their judgment, may seem best for the 
safe preservation of said fund until said bonds mature, when 
they shall use said sinking fund and all accumulations thereof 


in payment of the principal of said bonds.t 


(§ 256.) Sec. 7. Be it further enacted, That said Board of 
Education issuing bonds under this act shall cause to be pre- 
pared a register of said bonds and coupons, showing their date, 
amount and disposition made of same, and make report thereon 
at the time of making their general report, for which service 


no compensation shall be allowed. 


CHAPTER 238, ACTS 1909. 


AN ACT to authorize incorporated Boards of Education of public 
schools in cities and taxing districts of 100,000 inhabitants 
or over, according to the Federal census of 1900, or any fu- 


ture census, to issue bonds for certain school purposes. 


(§ 256a.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That incorporated Boards of Education 
in cities or taxing districts of 100,000 inhabitants or over, ac- 
cording to the Federal census of 1900, or any future census, be, 
and the same are hereby, invested with power and authority to 
issue coupon bonds to an amount not exceeding $500,000; in 
addition to such bonds heretofore issued by such Boards, or any 
of them, said bonds so authorized to be issued for the purpose 
of providing ways and means for the construction of school 
buildings and grounds and for improvements and repairs to 


school property. 


1 Sections 1 to 7 passed April 7, 1905, Chapter 340. 


Board of Ed- 
ucation may 
issue $500,- 
000 school 
bonds. 


Construct 
new and re- 
pair old 
school 
buildings. 


180 


CHARTER OF THE CITY OF MEMPHIS. 


Interest— 
where pay- 
able. 


By whom 
signed. 


Sale. 


Bonds— 
how secured. 


Interest— 
by whom 
paid, etc. 


(§ 2560.) Sec. 2. Bonds authorized by this act may be 
issued in such denominations and made payable when it may 
seem to the Board of Education best fitted to accomplish the 
object in view, and shall bear a rate of interest not exceeding 
four and one-fourth per cent. per annum, payable in lawful 
money of the United States, and at such place as such Boards 
of Education may fix and determine. Said bonds shall be in 
such form as may be fixed and prescribed by said Boards of 
Education, and shall be signed with the signature of the Presi- 
dent and the Secretary of such Boards, the interest coupons 
attached to such bonds bearing the engraved or lithographed 
signature of the President and the Secretary of such Boards; 
provided, however, that said bonds shall not be sold for less 
than par, and no commission shall be paid for the sale of said 


bonds. 


(§ 256c.) Sec. 8. Said Boards of Education, and each of 
them, are hereby authorized and empowered to secure the pay- 
ment of each and all of said bonds and coupons authorized by 
this act to be issued, ratably and without preference, by a 
mortgage or trust deed upon any and all real estate and build- 
ings thereon. The property of said Boards of Education and 
said mortgages or trust deeds may contain such terms or pro- 
visions as such Boards of Education, or any of them so issuing 
said bonds, may deem most expedient and best, not inconsist- 


ent with this act. 


(§ 256d.) Sec. 4. The Boards of Education so issuing said 
bonds under this act are given the irrepealable power and 
authority, and are directed to pay the interest evidenced by 
the coupons upon said bonds as they severally mature from 
and out of the taxes hereinafter authorized and directed to be 
levied and collected for this purpose, and said taxes shall be 


used for this specific purpose and none other. 


CHARTER OF THE CITY OF MEMPHIS. 


181 


(§ 256e.) See. 5. The Legislative Council, or other govern- 
ing agencies, of said cities and taxing districts are hereby given 
the irrepealable power and authority, and are directed, in addi- 
tion to the taxes levied by them for the building of said schools, 
or the payment of bonds heretofore issued by said School Boards, 
and now outstanding, to annually levy a tax sufficient to pay 
the interest on such bonds authorized to be issued by this act 
as the same mature, and to create a sinking fund sufficient to 


pay the principal of said bonds at their maturity. 


(§ 256f.) Sec. 6. The said sinking fund directed by this 
act shall be held and invested by the Fire and Police Commis- 
sioners or other governing agencies of said cities and taxing 
districts or by their corporate successors, either in purchasing 
and retiring the bonds authorized to be issued by this act or by 
investing said sinking fund in other public securities, as, in their 
judgment, may seem best for the safe preservation of said fund 
until said bonds mature, when they shall use said sinking fund, 
and all accumulations thereof, in payment of the principal of 


said bonds. 


(§ 2569.) Sec. 7. Said Boards of Education issuing bonds 
under this act shall cause to be prepared a register of said bonds 
and coupons, showing their date, amount and disposition made of 
same, and make report thereon at the time of making their gen- 
eral report, for which service no compensation shall be allowed. 

Passed April 23, 1909. 


Legislative 
Council to 
levy tax to 
pay interest. 


Sinking fund 
to be created. 


Sinking fund 
invested 
—how. 


Registry of 
bonds. 


182 


CHARTER OF THE CITY OF MEMPHIS. 


CHAPTER 3. 
ARTICLE 23. 


ACT CREATING A ‘“‘BOARD OF COMMISSIONERS OF THE CITY OF 
MEMPHIS.”’ 


CHAPTER 298, ACTS OF 1909. 


AN ACT to be entitled “An act to amend an act entitled ‘A bill 


to establish the taxing districts in this State, and to provide 
means of local government for the same, being Chapter XI 
of the Acts of 1879, and all amendatory acts thereof, constitut- 
ing the present charter of the City of Memphis,’ ” so as— 

Ist. To change the name of the Board of Fire and Police 
Commissioners to “The Board of Commissioners of the City 
of Memphis,” and to provide for the qualification, election of 
the members of the same and to provide for the membership 
of said Commission upon the taking effect of this act. 

2d. To abolish the Board of Public Works and to provide 
for the exercise and discharge of the powers and duties here- 
tofore vested in and devolved upon that Board by the said 
Board of Commissioners. 

3d. To more fully set out and define the powers and duties 
of said Board of Commissioners. 7 

4th. To more fully set out and define the powers and duties 
of the several menor ot the said Board of Commissioners, to 
fix their term of office and their compensation. 

5th. To separate the affairs of the city into various depart- 
ments, to provide the scope and work of each department, and 
to provide for the heads thereof. 

6th. To create the office of “‘Electric Inspector,’ and to 
define his duties, term of office and compensation, and to 
change the name of City Register to City Clerk. 

7th. To abolish the Board of Health, as now constituted, 


and to provide for the exercise and discharge of the powers 


CHARTER OF THE CITY OF MEMPHIS. 


and duties vested in and devolved upon that Board by the 


Department of Health under the said Board of Commissioners. 


8th. To provide for the nomination and election by said 
Board of Commissioners of a Chief of Police Department, a 
Chief of the Fire Department, a Superintendent of the Health 
Department, a City Attorney, a City Judge, a City Clerk, a 
Clerk of the City Court, a City Engineer, a City Market Mas- 
ter, a City Paymaster, a City Chemist, a City Harnessmaker, 
a Building Inspector, a Plumbing Inspector, a Boiler Inspec- 
tor, a Gas and Electric Light Inspector, an Electric Inspector, 
a Meat Inspector, an Inspector of Weights and Measures, a 
Collector of License and Privilege Taxes, a Veterinary Sur- 
geon, a Wharfmaster, a Superintendent of the City Hospital, 
and for the appointment and removal of subordinate officers 
and employes, and to prescribe the term of office and com- 


pensation of the incumbents of said elective offices. 


9th. To provide for the filling of vacancies occurring in the 
Commission or in any municipal office, and for the conduct 
of said office whenever the regular incumbent thereof is tem- 
porarily absent or disabled. 

10th. To change the time for the meeting of the Board of 
Commissioners, and to provide for special or called meetings. 

1ith. To prescribe the method of the passage of all ordi- 
nances and resolutions. 

12th. To abolish the office of Street Commissioner, as now 
constituted. 

13th. To provide for the granting of franchises and the 
issuing of bonds, and for a referendum as to all ordinances 
erantiie franchises, or authorizing a bond issue under cer- 
tain restrictions. 

14th. To provide for the making and execution of all mu- 
nicipal contracts. 


15th. To provide for a Civil Service Commission, and for 


183 


184 


Board of 


Commission- 


ers. 


Mayor. 


Date of 
election. 


CHARTER OF THE CITY OF MEMPHIS. 


the adoption and enforcement of a system of civil service 
rules. 

16th. To limit appeals from the City Court, and to provide 
for the remission of fines, in certain cases. 

17th. To make it lawful to expend in any one year a 
greater amount of money in any department than shall have 
been appropriated for that department, provided such excess 
can be made up from a surplus in any other department or de- 
partments, and the same to be authorized by ordinance duly 
passed. | 

18th. To change the manner of selecting an Assistant City 
Attorney, to fix his compensation and prescribe his duties and 
to provide for his removal. 

19th. To provide for uniformity in the time for the ex- 
piration of the terms of office of all municipal officers elected 
by the people, so as to make said term expire on December 
3lst, 1911, and every four years thereafter. 

(§ 257.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That the act entitled “A bill to es- 
tablish taxing districts in the State, and to provide the means 
of local government for the same,” being Chapter 11 of the 
Acts of 1879, and all acts amendatory thereof, constituting the 
present charter of the City of Memphis, be, and the same are 
hereby, amended in the manner and particulars and to the ex- 


tent hereinafter provided. 


(§ 258.) Sec. 2. The name of the “Board of Fire and Police 
Commissioners” be, and the same is, changed to the “Board of 
Commissioners of the City of Memphis.” Said Board shall con- 
sist, as at present, of five members, one of whom shall be the 
Mayor. The first Board hereunder shall consist of the four 


members of the present Legislative Council of the City of Mem- 


phis, whose terms expire in November, 1911, and of a Mayor 


who shall be elected by the people of the City of Memphis, on 
the first Thursday after the first Monday in November, 1909. 


CHARTER OF THE CITY OF MEMPHIS. 


185 


The qualifications of said Mayor, and of the members of said 
Board of Commissioners shall be those now required by law 
for the members of the present Legislative Council, and the 
Mayor shall have the additional qualifications now provided by 
law for said office; provided, however, that no person shall be 
ineligible to said office because of having heretofore held said 


office. 


(§ 259.) 


and exercise all the powers, and discharge all duties, now vested 


Sec. 3. The said Board of Commissioners shall have 


in and imposed upon the present Board of Fire and Police Com- 


missioners, the present Board of Public Works and the present 
Legislative Council, together with such other powers and duties 


as are hereinafter prescribed. 


(§ 260.) 


ished, and the powers and duties now vested in and imposed 


Sec. 4. The Board of Public Works is hereby abol- 
upon said Board and the several members thereof by law are 
hereby vested in and imposed upon the said Board of Commis- 


sioners and the several members thereof as herein provided. 


(§ 261.) Sec. 5. The Board of Health, as at present consti- 
tuted, is hereby abolished, and in lieu thereof is established a 
subordinate department, to be known as the “Health Depart- 
ment,” to be under the supervision and control of the Depart- 
ment of Public Affairs, which said department shall perform the 
duties and functions heretofore performed by the Board of 


Health. 


(§ 262.) 


under this act in November, 1909, shall expire December 31st, 


Sec. 6. The term of office of the Mayor to be elected 
1911, and the term of office of the Mayor thereafter shall be 
four years. And to the end that uniformity may prevail the 
term of office of the other four Commissioners composing the 
first Board of Commissioners hereunder is hereby extended to 


and including December 31st, 1911. The term of office of all 


and 
duties of 
the Board. 


Powers 


Board of 
Public Works 
abolished and 
duties im- 
posed upon 
Commission- 
ers. 


Health De- 
partment, 
under control 
of Depart- 
ment of Pub- 
lic Affairs. 


Term of office 
of Mayor and 
Commis- 
sioners. 


186 


CHARTER OF THE CITY 


Salaries of 
Mayor and 
Commis- 
sioners. 


Departments 
classified. 


Election of 
heads of de- 
partments; 
terms of of- 
fice and 
salaries. 


OF MEMPHIS. 


Commissioners thereafter shall be four years. All of said Com- 
missioners, including the Mayor, shall hold office until their re- 


spective successors are elected and qualified. 


(§ 263.) Sec. 7. The compensation of the Mayor shall be 
six thousand ($6,000.00) dollars per annum, payable in monthly 
installments, and that of the other members of said Board of 
Commissioners shall be three thousand ($3,000.00) dollars per 
annum, payable in monthly installments. No member of said 
Board of Commissioners shall, directly or indirectly, receive any 


other or greater compensation than that just provided. 


(§ 264.) 


ernment may be classified and arranged and more efficiently 


Sec. 8. To the end that the work of the city gov- 
conducted, there is now established the following departments 
with the duties and powers, and made up as hereinafter indi- 
cated, viz.: 
C1) The 
(2) The 
(3) The 
(4) The 
(5) The 


Department of Public Affairs and Health. 
Department of Fire and Police. 

Department of Streets, Bridges and Sewers. 
Department of Accounts, Finances and Revenues. 
Department of Public Utilities, Grounds and Build- 


ings. 


(§ 265.) 


Commissioners, or at some meeting within thirty days there- 


Sec. 9. At the first meeting of the said Board of 
after, there shall be elected, by said Board, the following offi- 
cers, whose terms of office and whose annual compensation (pay- 


able in monthly installments) shall be as herein indicated, as 


follows: 

City =AtLOrney ..:0i) seme as, so «ao REO Rep 6 os Two years $3,600.00 
City MARC. 0. Seti aas oo stys Poe aoe Two years 2,500.00 
City CAN ROT aes a tent ee I ake Two years — 3,000.00 
City: Clerk. 2. 06.24% See nnn Two years 3,000.00 
Otel of <Polices pees hee oe URROete ee gS One year 2,700.00 


CHARTER OF THE CITY OF MEMPHIS. 


One’ year 


Chief of Fire Department................. 2,700.00 
MRE Oe OE AUS IVEROE ET woogie ols hore’ late phe“ehe wimoetle a ve Two years 2,000.00 
Ree PDT LCEIVS ECs eit ay ee a race a odie oc Clea ence aneh eo ew’s One year 2,400.00 
Superintendent of Health Department...... Two years 3,000.00 
Be OPC LVR COULU. is wie eines cer nee cee es One year 1,800.00 
Mibver umpimne -INnSpector 2°. oes oc. cde One year 1,500.00 
OTL) SE COE a TESS 02] ol 0) al One year 1,500.00 
BM EVORIOY DAN SDOCLOL ool Sines secon do te nies One year 1,680.00 
Collector of Licenses and Privilege Taxes..One year 1,500.00 
BURR ASCO rei g wa Seles edie oon sis gaits 6 6 One year 1,500.00 
Ee NIROLCT. eta he Ss 5 ce Kade vo pe ables One year 1,200.00 
Pity VeEVerinary SuUreeOn . 3256s... c tee. One year 1,200.00 
Gas and Electric Light Inspector.......... One year 1,500.00 
SeeeveOrNens. MAKCY os... tow se ec meas oe One year 1,200.00 
Inspector of Weights and Measures........ One year 1,800.00 
Superintendent of City Hospital........... One year 1,500.00 
Peleeericy LNSHEGLOE 20... teas... SRS. es. One year 2,000.00 
si meeere INSPeeror, Wo... ase... Ce cee. One year 2,500.00 


Provided, that none of said officers shall be paid or shall re- 
ceive, directly or indirectly, any further or greater compensation 
than that above described; and, provided further, however, that 
the Board of Commissioners, by proper ordinance, may increase 
the salary of the City Engineer to a sum not to exceed five 


thousand ($5,000.00) dollars per annum. 


(§ 266.) 


shall demand or receive, in any manner or form, any greater 


Sec. 10. No Commissioner or officer herein named 
compensation than provided for herein, and that it shall be a 
felony for a Mayor, any Commissioner of the City of Memphis, 
any Park or Water Department Commissioner, any Civil Serv- 
ice Commissioner, any elective, appointive or subordinate officer, 
any employe, or any one connected with the government of the 
City of Memphis, in any manner to accept any moneys or gifts 
of any character whatever, other than that stipulated for per- 


forming the duties of their office. For any violation of the 


187 


Mayor, Com- 


missioners and 


employes not 


to receive 
moneys or 
gifts other 


than stipu- 


lated. 


188 


CHARTER OF THE CITY OF MEMPHIS. 


Mayor to be 
at head of De- 
partment of 
Public Af- 
fairs, and 
defining scope 
of this de- 
partment. 


Duties of 
Mayor. 


above, and conviction thereof, he shall be guilty of a felony 
and imprisoned in the State penitentiary for not less than one 


year nor more than five years. 


(§ 267.) Sec. 11. The Mayor shall be at the head and have 
charge of the Department of Public Affairs and Health; within 
the scope of this department shall be the general supervision of 
all the affairs of the municipality; the office of the City Attor- 
ney and matters pertaining thereto; the offices of City Judge 
and City Court Clerk and all matters pertaining thereto; the 
office of the City Clerk and matters pertaining thereto; the office 


of Superintendent of the Health Department and matters per- 


taining thereto, including the City Hospital, the Veterinary Sur- 
geon, and all matters properly pertaining to said departments; 
the office of the City Paymaster and matters pertaining thereto; 
the receiving and filing of all reports of heads of other depart- 
ments, and reports from the Mayor_as to his department and to 
tne general condition of the city, with respect to all matters 
affecting the welfare of the municipality and its citizens. It 


shall be the duty of the Mayor as the head of this department 


to keep the Board of Commissioners, from time to time, advised — 


‘as to all matters affecting the general welfare of the city. It 


Department 
of Fire and 
Police. 


Department 
of Streets, 
Bridges and 
Sewers. 


shall also be the duty of the Mayor to preside at all meetings of 
the Board of Commissioners, and to appoint such committees 


as may be provided for by ordinance or resolution of the Board. 


(§ 268.) ‘Sec. 12. The Department of Fire and Police shall 
embrace the Fire Department and the Police Department, and 


all matters pertaining to such departments. 


(§ 269.) Sec. 13. The Department of Streets, Bridges and 
Sewers shall embrace everything heretofore embraced in the 
Engineering Department, including bridges, streets, sewers, sub- 
ways, sidewalks, viaducts or new work connected therewith of 
every character, graveling, repair work of all kinds, city car- 


pentering; also street sprinkling and cleansing, together with 


Pe 


CHARTER OF THE CITY OF MEMPHIS. 


the stables, horses, mules, wagons and equipment connected 
with said work, and also matters heretofore under the super- 


vision of the plumbing inspector and harnessmaker. 


(§ 270.) Sec. 14. The Department of Accounts, Finance and 
Revenue shall embrace all matters relating to the city finances 
and revenues; the auditing of all bills in every department, 
whether for purchasing, payrolls or otherwise; the supervision 
and auditing of books and accounts of every department of the 
city, together with the supervision of matters relating to front 
foot assessments. Within this department shall also be em- 
braced the Inspector of Weights and Measures and the Collector 
of Licenses and Privilege Taxes, and all matters connected with 


these offices. 


(§ 271.) Sec. 15. The Department of Public Utilities, Guonnds 
and Buildings shall embrace all the affairs of the city connected 
with railroads, street car lines, gas and electric light compa- 
nies, telephone and telegraph companies, Water Department, 
whkarfage and Wharf Master, market house and Market Master. 
Within this department shall also be embraced the Building 
Inspector, the Gas and Electric Light Inspector, the Boiler 
Inspector and the Electric Inspector, and all matters connected 
with those offices. This department shall also embrace all pub- 
lic grounds and buildings and public parks; provided, however, 
that nothing in this act shall be deemed to affect the powers 


and duties of the Park Commissioners of Memphis, as the same 


are now prescribed by law, or the Water Commission. 


beets.) Secy16. 


as to what department embraces a particular work or matter, 


Wherever a difference of opinion shall arise 


either because the same is not herein specially provided for, 
or because of the difference of opinion as to the proper construc- 
tion of the foregoing sections, the question shall be determined 
by the Board of Commissioners in regular session, and their 


conclusion shall be final and binding. 


189 


Department 


.of Accounts, 


Finance and 
Revenue. 


Department 
of Public 
Utilities, 
Grounds and 
Buildings. 


Board of 
Commission- 
ers to con- 
strue scope 
of duties of 
heads of 
above depart- 
ments in 
event of 
disagreement, 


190 CHARTER OF THE CITY OF MEMPHIS. 
Board of (§ 273.) Sec. 17. At the first meeting of a Board of Com- 
Commission- 


ers to assign 
its members 
to the re- 
spective de- 
partments. 


May change 
head of de- 
partment by 
majority vote 
of Board. 


Vacancy in 
Board—how 
filled. 


Regular and 
called meet- 
ings of Board 
of Commis- 
sioners. 


missioners hereunder, or within thirty days thereafter, the said 
Board of Commissioners shall assign one of its members, not 
the Mayor, to each of the four departments last above mentioned, 
and the said four Commissioners shall thereafter be known and 
designated respectively as the Commissioner of the Department of 
Fire and Police, the Commissioner of the Department of Streets, 
Bridges and Sewers; the Commissioner of the Department of 
Accounts, Finances and Revenue; the Commissioner of the De- 
partment of Public Utilities, Grounds and Buildings. The Board 
of Commissioners, however, shall have the power, by a majority 
vote, at any time, to change any or all of the Commissioners, 
except the Mayor, from one department to another, such change 
to be made operative by resolution duly passed by said Board. 
Such resolution to fix the time when it shall take effect, and to 


take effect at the time as fixed. 


(§ 274.) Sec. 18. Upon any vacancy occurring in the Board 
of Commissioners by a death, resignation, removal or otherwise, 
then the remaining four Commissioners shall have the power, 
by majority of vote, to elect a Commissioner to fill such. va- 
cancy, who shall hold office for the unexpired term. Pending 
such election, the Mayor (or, if the vacancy be in the office 
of the Mayor), then the Commission of Department of Fire and 
Police shall assume and have charge of the Department over 
which the Commissioner whose office has been vacated has 
charge; provided, that, in the event in such an election by the 
Commission there shall be a tie vote on the question of the elec- 
tion of said Commissioner, then the Mayor shall have the right 
to cast both his own and the vote of the Commissioner of the 


office so.vacated. 


(§ 275.) Sec. 19. The Board of Commissioners shall hold a 
regular meeting every Tuesday at 2:30 o’clock in the afternoon, 


and may hold such special meetings as may be called by the 


CHARTER OF THE CITY OF MEMPHIS. 


Mayor, or any two of the other Commissioners. If the business 
of: any regular or special meeting be not coneluded on the day 
when same convenes, the Board may adjourn such meeting to 
any subsequent day of that week. All meetings of the Board 
shall be public, and shall be held at the place provided for such 


meetings, and said place cannot be changed except by ordinance. 


(§ 276.) Sec. 20. No Commissioner, nor any officer nor sub- 
ordinate officer of the city, shall be connected with or interested 
in, directly or indirectly, any contract with the city, nor shall 
any Commissioner of the city receive any compensation other 
than that herein specifically provided, nor shall extra pay be 
allowed or received by any Commissioner or officer by the city 
serving on a committtee, agency or commission whatever, when 
appointed to such service by the Commissioners during his term 
of office; provided, however, that whenever the duties of any 
Commissioner shall require him to visit a point beyond the lim- 
its of Shelby County, his reasonable expenses shall be paid by 
the city. 


(§ 277.) Sec. 21. Every officer for whose election by the 
Board of Commissioners provision is herein made shall first be 
nominated by the Commissioner to whose department such offi- 
cer belongs; and no such officer shall be elected by the Council 
except on such nomination; provided, however, that if the 
Commissioner whose duty and function it is to nominate any 
officer shall fail, within thirty days, to make a nomination, then 
any member of said Board shall have the right to make a nomi- 
nation or-nominations, and the Board may thereupon elect a 


person so nominated. 


(§ 278.) Sec. 22. The Commissioners of the City of Memphis 
Shall fix the amount of bonds and the method of their approval 
to be required of all elective, appointive or subordinate officers, 
and such other city employes whom the Commissioners of the 


City of Memphis shall require to give bond. The approval of 


191 


Commission- 
ers and offi- 
cers not to re- 
ceive extra 
compensation 
nor become 
interested in 
any contract 
with city. 


City officers 
—how 
elected. 


Bonds of 
city officers. 


192 


City officer 
to hold 

no other 
office other 
than that to 
which he is 
elected. 


In absence of 
Mayor, Com- 
missioner of 
the Fire and 
Police to act. 


Vacancy in 
offices other 
than Commis- 
sioners—how 
filled, ete. 


CHARTER OF THE CITY OF MEMPHIS. 


the official bonds of all elective, appointive or subordinate offi- 
cers and other employes must be endorsed thereon, and signed 
by the Commissioners of the City of Memphis, and shall be 
given and made by some good and solvent surety company; all 
bonds, when approved, shall be filed with the Clerk of the City 
of Memphis. All the provisions of any law of this State relating 
to official bonds, not inconsistent with this charter, shall be 


complied with. 


(§ 279.) Sec. 23. No Commissioner or officer of the city shall, 
during the term for which he is elected, be appointed to or ac- 
cept any other office under the city government (or be) or 
become an officer or employe (with or without pay) of the 
State or county in any capacity whatever; provided, however, 
that nothing in this section shall be construed to affect the office 
of County Trustee of Shelby County, who is now by law the 


receiver of taxes for the city. 


(§ 280.) Sec. 24. In the event of the absence from the city, 
or of the death, resignation or removal of the Mayor, or of his 
inability to act, the Commissioner of the Fire and Police shall 
have and exercise all the powers and duties of the Mayor, and, 
in the event of the absence of the Mayor from any meeting of 
the Board, such Commissioner shall preside in his place, and it 
shall not.be lawful for either the Mayor or the Commissioner 
of Fire and Police to absent himself from the: city while the 
other is absent or disabled from attending to the duties of his 


office. 


(§ 281.) Sec. 25. In the event of the death, resignation or 
removal of any officer of this ae other than a member of the 
Board of Commissioners, it shall be the right and duty of the 
Board of Commissioners to elect as soon, as practicable, a suc- 
cessor to fill the vacancy, and if no election be had within thirty 
days after such vacancy occurs, the Mayor shall have the right, 


and it shall be his duty, to appoint some fit person to fill such 


CHARTER OF THE CITY OF MEMPHIS. 


* 193, 


vacancy until an election by the Board shall occur. The election 
by said Board to fill such vacancy shall be.on nomination by 
the Commissioner of the department to which such officer be- 
longs. In the event of the temporary absence or disability of 
any officer other than a member of the Board of Commissioners, 
the Board shall, if a majority of the members thereof see fit, 
have the power to appoint some proper person to act es the place 
and stead of such officer during his absence or disability, and to 
provide for the compensation of such person temporarily dis- 
charging the duties of said office; provided, however, that there 
shall be no deduction from the salary of the regular incumbent 
of said office during such absence or disability, unless the Board 
shall, by resolution, declare the absence from office of such in- 


cumbent to be without excuse. 


(§ 282.) Sec. 26. Within ninety days after organizing, the 
Commissioners of the City of Memphis shall, by ordinance, 
appoint three Civil Service Commissioners, who shall hold office, 
one until January ist, 1911; one until January 1st, 1912; one un- 
til January ist, 1913. Upon the expiration of these respective 
terms, suecessors shall be elected to hold office for three years 
from the date of election and until his successor is elected and 
qualified. Each of these Civil Service Commissioners shall 
receive an annual salary of $300.00, payable monthly. The 
Chairman of the Commission for each annual period shall be 
the member whose term first expires. No person on said Com- 
mission shall hold or be a candidate for any office of public trust 
or profit, or who is in arrears for taxes, or who is not a free- 
holder, and who has not resided in the City of Memphis, State 
of Tennessee, for at least six years next preceding his election. 
Two of said members shall constitute a quorum to transact busi- 
ness. The Commissioners of the City of Memphis may remove 
any of said Commissioners during their term of office for cause, 
four Commissioners of the City of Memphis voting in favor of 


such removal, and shall fill ‘any vacancy that may occur in 


Civil Service 
Commission- 
ers, 


Election. 


Salary. 


Qualifications. 


194 


CHARTER OF THE CITY OF MEMPHIS. 


Clerk to Civil 
Service Com- 
missioners. — 
how elected. 


Oath of Civil 
Service Com- 
missioners. 


Examination 
of applicants, 
time of hold- 
ing, manner 
of ques- 
tions, ete. 


said Commission for the unexpired term. The Commissioners 
of the City of Memphis shall provide suitable rooms in which 
the said Civil Service Commissioners may hold their meetings. 
They shall have a clerk, who is to be elected by the Commis- 
sioners of the City of Memphis, who shall fix his compensation 
and term of office. Said clerk shall keep a record of all meet- 
ings of said Civil Service Commission, and do all necessary 
clerical work to carry out the rules and regulations of the said 
Commission. The Commissioners of the City of Memphis shall 
supply the said Civil Service Commissioners with all the neces- 


cary equipments to properly attend to such business. 


(§ 288.) Sec. 27. Before entering upon the duties of their 
office, each of said Civil Service Commissioners shall take and 
subscribe an oath, which shall be filed and kept in the office 
of the Clerk of the City of Memphis, to support the Consti- 
tution of the United States and the State of Tennessee, and to 
obey the laws and ordinances of the City of Memphis, and to 
aim to secure and maintain an honest and efficient force, free 
from partisan distinction or control, and to perform the duties 


of his office to the best of his ability. 


(§ 284.) Sec. 28. Said» Commissioners shall, on the first 
Mondays in April and October of each year, or oftener, if it 
shall be deemed necessary, under such rules and regulations. 
as may be prescribed by the Commissioners of the City of Mem- 
phis, hold examinations for the purpose of determining the qual- 
ification of applicants for positions, which examination shall be 
practical and shall fairly test the fitness of the persons exam- 
ined to discharge the duties of the position to which they 
seek to be appointed. Said Commission shall, as soon as pos- 
sible after such examination, certify to the Commissioners of 
the City of Memphis double the number of persons necessary to 
fill vacancies, who, according to its records, have the highest 


standing for the position they seek to fill as a result of such 


CHARTER OF THE CITY OF MEMPHIS. 


195 


examination, and all vacancies which occur that come under 
the civil service rule prior to the date of the next regular ex- 
amination shall be filled from said lists so certified; provided, 
however, that, should the list, for any cause, be reduced to less 
than three for any division, then the Commissioners of the City 
of Memphis, or the Commissioner in charge of that depart- 
ment, may temporarily fill a vacancy, but not to exceed thirty 


days. 


(§ 285.) 


examinations shall be subject to removal from office or employ- 


Sec. 29. All persons subject to such civil service 
ment by the Commissioners of the City of Memphis, or the Com- 
missioner in charge of that department, for misconduct or fail- 
ure to perform their duties under such rules and regulations 
as it may adopt. And the Chief of Police Department, Chief 
of Fire Department, Superintendent of the Health Department, 
or any Superintendent or foreman in charge of municipal work, 
may peremptorily suspend or discharge any subordinate then 
under his direction for neglect of duty or disobedience of his 
orders, but shall, within twenty-four hours thereafter, report 
in writing such suspension or discharge, and a reason therefor, 
to the Commissioner in charge of his department, who shall, 
thereupon, affirm or revoke such discharge or suspension ac- 
cording to the facts. Such employe (or officer discharging or 
suspending him) may, within five days of such ruling, appeal 
therefrom to the Commissioners of the City of Memphis, who 
shall fully hear and determine the matter, and their conclusions 


in the premises shall be final. 


(§ 386.) Sec. 30. 


sioners of the City of Memphis shall have the power to admin- 


Every member of the Board of Commis- 


ister oaths and affirmations, and said Board of Commissioners 
of the City of Memphis shall have the power to issue subpoenas, 
to compel by subpoena, the production of books, papers, docu- 


ments and the attendance of witnesses, and to take and hear 


Heads of 
departments 
to suspend em- 
ployes for 
cause; action 
to be ratified 
by Commis- 
sioners, 


Employe’s 
right of 
appeal to 
Commis- 
sioners. 


Commis- 
sioners have 
right to ad- 
minister oaths, 
issue sub- 
poenas and 
hear evidence. 


196 


Police officers 
to serve sub- 
poenas. 


Commission- 
_ers to pre- 
scribe: rules 
for Civil 
Service Com- 
mission, ete. 


Commission- 

ers to pass 

ordinances in 
re violation 

of civil serv- 
ice act. 


Commission- 
ers may cause 
employe in his 
department. to 
stand exami- 
nation under 
rules to be 
adopted, ete. 


CHARTER OF THE CITY OF MEMPHIS. 


testimony concerning any matter or thing pending before such 
Commissioners of the City of Memphis. If any person so sub- 
poenaed neglects or refuses to appear, or to produce any book, 
paper or document, as required by such subpoena, or shall 
refuse to testify before said Commissioners of the City of Mem- 
phis, to answer any competent question, he shall be deemed 
in contempt, and said Commissioners of the City of Memphis 
shall have power to take proceedings in that behalf, as pro- 
vided by the general laws of the State. The Chief of Pélice 
must, on request of the said Board of Commissioners of the City 
of Memphis, detail a police officer or police officers to serve such 


subpoena or subpoenas. 


(§ 287.) Sec. 31. Said Civil Service Commissioners shall 
make annual report to the Commissioners of the City of Mem- 
phis, and they may require a special report from the said Civil 
Service Commission at any time; and said Commissioners of 
the City of Memphis may prescribe such rules and regulations 
for the proper conduct of the business of the said Civil Service 
Commission as shall be found expedient and advisable, inalwa: 
ing restrictions on appointments, promotions, removal for cause, 
roster of employes, certification of the records and restrictions 


on payment to persons improperly employed. 


(§ 288.) Sec. 32. The Commissioners of the City of Mem- 
phis shall have the power to pass ordinances imposing suitable 
penalties for the punishment of persons violating any of the 


provisions of this act relating to the Civil Service Commission. 


(§ 289.) Sec. 33. Any Commissioner of the City of Memphis, 
at the head of a department of the city government certifying 
to the Chairman of the Civil Service Commission may cause 


any employe or employes in his department, coming under the 


civil service rules, to be examined as to his fitness and quali- 


fication to fill his position. The Chairman of the Civil Service 


Commission, upon the receipt of such communication from said 


CHARTER OF THE CITY OF MEMPHIS. 


Commissioner of the City of Memphis and the head of a de- 
partment of the city government, shall cite said employe or em- 
ployes before the Civil Service Commission and examine them 
as to their fitness and qualification to fulfill the duties of their 
position according to the standard and rules adopted by the 
Civil Service Commission as a test for such position; and said 


Civil Service Commission shall report the result of such ex- 


amination to the Commissioner of the City of Memphis who 


requested such examination, and said Commissioners of the City 
of Memphis must either retain or dismiss said employe or em- 


ployes as the result of said examination «may show. 


(§ 290.) Sec. 34. The provisions of Sections 26 to 33, 
inclusive, shall apply to all appointive officers and employes of 
the City of Memphis, except those especially named in Section 
10 of this act, Commissioners of any kind, laborers whose oc- 
cupation requires no special skill or fitness and Assistant City 


Attorney, where such officers are appointed. 


(§ 291.) Sec. 35. All officers and employes who shall be 
employed by the City of Memphis shall be elected or appointed 
with reference to their qualifications and fitness, and for good 
of the public service, and without reference to their political 


faith or party affiliation. 


(§ 292.) Sec. 36. It shall be unlawful for any candidate for 
office, or any officer in the employment of the City of Mem- 
phis, directly or indirectly, to give or promise any person or 
persons any office, employment, benefit or anything of value 
for the purpose of influencing or obtaining the political sup- 
port, aid or vote of any person or persons. 
the provisions of this section shall be a misdemeanor, and shall 


be grounds for removal from office. 


(§ 293.) Sec. 37. The Mayor shall sign all bonds, notes or 
other evidence of indebtedness by the city, and shall also sign 


all contracts to which the City of Memphis is a party; provided, 


197 


Sections 26 

to 33 applica- 
ble to all 
employes, with 
exceptions in 
this section, 


All officers 
and employes 
elected ac- 
cording to 
their qual- 
ification. 


Unlawful for 
any candidate 
to promise 
any person 
employment, 
ete. 


Any violation of . 


Mayor to sign 
all bonds, 
CLG:5. OL) Clty; 
checks signed 
by Mayor and 
two Commis- 
sioners. 


198 


CHARTER OF THE CITY OF MEMPHIS. 


Advertise- 
ment; con- 
tract exceed- 


ing $500 to be 


advertised 
one week, 
except in 
emergency. 


Contracts to 
be signed by 
majority of 
Board, and 
copied in 
minutes. 


Franchises 
granted 
—how. 


Bond issue; 
to be ap- 

proved by 
majority 

of qualified 
voters upon 
petition of 
500 voters. 


-that if the Mayor refuses to sign any such contract or instru- 


-ment, the same shall become effective without his signature by 


the signature of any three of the other Commissioners. All 


checks issued by the city on any account shall be countersigned 


‘by the Mayor and two Commissioners. 


(§ 294.) Sec. 88. No contract involving the expenditure of 
exceeding ($500.00) five hundred dollars shall be awarded or let 
until after ihe advertisement for at least one week by some 
newspaper published in Memphis, and then only to the lowest 
and best bidder; provided, that, in case of emergency, a publi- 


cation of two days shall be sufficient. 


(§ 295.) Sec. 39. 


or binding on the City of Memphis, it shall be approved by 


Before any contract can become effective 


a majority of the members of the Board of Commissioners, and 
the members approving the same shall affix their signatures 
thereto, and the same shall be copied with such signatures on 


the minutes of the proceedings of the Board. 


(§ 296.) 


remain as prescribed in Section 29 of Chapter 54 of the Acts of 


Sec. 40. The method of granting franchises shall 
1905, save and except that the ordinance granting such fran- 
chise shall be passed by a majority of the Board of Commis- 
Sioners; provided, however, that no ordinance granting any 
franchise shall become effective until such ordinance shall have 
been passed at three separate regular meetings of the Board, 
and shall have been published in some daily newspaper published 
in Memphis, Tennessee, at least three times, each of said pub- 
lications to be on the day prior to the meeting at which each 


passage of the ordinance occurs. 


($3290: ) Seesaa. 


any issue of bonds shall be effective until thirty days after its 


No ordinance authorizing or providing for 


final passage, and until the same shall have been approved by 


a majority of the qualified electors of the city voting at an elec- 


CHARTER OF THE CITY OF MEMPHIS. 


199 


tion to be called and ordered for that purpose; provided, how- 
ever, that such submission to and approval of by said voters 
shall be unnecessary, unless same shall have been requested 
by a petition in writing, signed by at least 500 qualified voters 
of the City of Memphis, within thirty days after the final pass- 


age of the ordinance providing for such bond issue. 


(§ 298.) Sec. 42. 


now prescribed by law; provided, however, that, in the event 


The salary of the City Judge shall be as 


of the temporary absence or disability of the City Judge from 
any cause, no deduction shall be made from his salary unless the 
Council shall, by resolution, declare that the absence from his 


duties was without reasonable excuse. 


($ 299.) 


the City Court rendered in the exercise of the jurisdiction of 


Sec. 43. No appeal shall lie from a judgment of 
that Court over all violations of municipal ordinances, unless 
the judgment be for a fine of more than $10.00 and costs; and, 
provided further, that no order of said City Court remitting any 
fines shall become -effective until it shall have been signed by 


the Mayor and two Commissioners. 


(§ 300.) No ordinance shall become effective until 


the same shall have passed at three regular meetings of the 


Sec. 44. 


Board of Commissioners, and shall have received at each meet- 
ing a majority of all members composing said Board, and unless 
the same shall have been published in some daily newspaper 
on the day preceding each meeting at which it had passed, and 
until the same shall have been published daily for at least one 
week after its final passage in some newspaper published in 
Memphis, and shall have been duly and formally recorded in 
the office of the City Clerk, in the minutes of the proceedings 
of the Board; provided, however, that, by unanimous vote of all 
the Commissioners, any ordinance may become effective imme- 


diately upon its final passage if the matter be one of emergency. 


City Judge 
—salary. 


City Court. 


No appeals 

lie for fines 

and cost less 
than $10. 


Fines remit- 
ted to be ap- 
proved by” 
Mayor’ and 
two Com- 
missioners. 


Ordinances 
—how passed, 
publica- 

tion, ete. 


200 


Budget— 
may transfer 
surplus of 
one account 
to meet over- 
draft in 
another 
—how. 


Special taxes 
abolished, etc. 


Taxes— 
Commission- 
ers may levy 
$2.00 on ev- 
ery $100 of 
property. 


Alftowance to 
schools, 
parks and 
Cossitt Li- 
brary. 


Date for 
election of 
Mayor, Com- 
missioners, 
Tax As- 
sessor. 


CHARTER OF THE CITY OF MEMPHIS. 


(§ 401.) Sec. 45. It shall be lawful to expend in any year 
a greater amount for any department than shall have been ap- 
propriated in the annual budget for the department; provided 
such excess can be made up from a surplus in any other de- 
partment or departments, and, provided the same is authorized 


by ordinance or resolution duly passed. 


(§ 302.) Sec. 46. All the special taxes heretofore provided 
for by the Legislature to be levied and assessed against the real 
and personal property in the City of Memphis are hereby abol- 


ished, and all acts providing for the same are hereby repealed. 


(§ 303.) Sec. 47.- The said Board of Commissioners of the 
City of Memphis shall have the power, by ordinance, in a regu- 
lar meeting, to levy and collect a general ad valorem tax upon 
all real and personal property in the City of Memphis not to 
exceed $2.00 on every one hundred dollars of assessed value 
for all purposes, and it is further provided that out of said 
levy the said Board of Commissioners shall each year collect and 
pay to the School Commissioners of the City of Memphis twenty- 
five cents on every one hundred dollars of assessed value; to the 
Park Commissioner of the City of Memphis fifteen cents on 
every one hundred dollars of assessed value, and to the Cossitt 
Library three cents on every one hundred dollars of assessed 


value. 


(§ 304.) Sec. 48. The next regular municipal election shall 
be held on the first Thursday after the first Monday in November, 
1909, at which there shall be elected a Mayor, who shall hold 
office until and including December 31, 1911. Subsequent mu- 
nicipal elections shall be held on the first Thursday after the 
first Monday in November, 1911, and every four years there- 
after, at which shall be elected a Mayor and four Commissioners 
and a City Tax Assessor, who shall take their oath of office and 


qualify on December 31 following the date of their election. 


CHARTER OF THE CITY OF MEMPHIS. 


(§ 305.) Sec, 49. There shall be a subordinate officer to be 
known as Assistant City Attorney, by and with the consent of 
the Board of Commissioners, who shall receive an annual salary 
of $1,200.00, payable monthly. He shall hold office at the will 
of the City Attorney. 


(§ 306.) See. 50. All Commissioners and elective officers 


hereunder shall be exempt from jury and military duty. 


(§ 307.) Sec. 51. The word “Commissioner,” or “‘Commis- 
sioners,’ as used in this act, shall be construed as embracing 


the Mayor, unless the contrary is plainly indicated. 


(§ 308.) Sec. 52. All acts and parts of acts constituting the 
present charter of the City of Memphis, not in conflict with this 
amendatory act, be, and the same are, continued in full forces 


and effect, and all acts in conflict herewith are hereby repealed. 


(§ 809.) Sec. 53. This act shall take effect for purposes of 
election and qualifications of the officers herein provided for 
from and after its passage, and for all other purposes on Jan- 
uary ist, 1910, the public welfare requiring it. 

Passed April 24, 1909. 


ARTICLE 24. 


SENATE BILL NO. 63 (RECALL BILL.) 


AN ACT to be entitled “An act to amend an act entitled ‘An 
act to establish taxing districts in this State, and to provide 
the means of local government for the same, the same being 
Chapter 11 of the Acts of 1879, and all the acts amendatory 
thereof, constituting the charter of the City of Memphis, so 
as to provide for the right of recall, so that all elective offi- 
cials of the City of Memphis may be subject to removal from 


office by a vote of the people.’ ” 


(§ 310.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That Chapter 11 of the Acts of 1879, 


201 


Assistant City 
Attorney, 
election and 
salary, ete. 


Commission- 
ers and offi- 
cers exempt 
from mili- 
tary duty. 


Construction 
of words 
*“*“Commis- 
sioner’ or 
*““Commis- 
sioners.’’ 


Acts not re- 
pealed con- 
tinued in 
force. 


Act to take 
effect— 
when. 


202 CHARTER OF THE CITY OF MEMPHIS. 
and all acts amendatory thereof be, and the same are hereby 
amended so as to provide as follows: 

Holder of The holder of any elective office may be removed at any 


elective office 
may be re- 
moved 
—how. 


Petition to 
contain gen- 
eral state- 
ment of 
grounds for 
which re- 
moval: is 
sought. 


May file 

amended _ pe- 
tition if first 
is insufficient. 


time by the registered voters qualified to vote for a successor 
of such incumbent. The procedure to effect the removal of 


an incumbent of an elective office shall be as follows: 


A petition signed by voters entitled to vote for a successor 
to the ineamnene sought to be removed, equal in number to at 
least twenty-five per cent. of the entire vote of all candidates 
for the office of Mayor, cast at the last preceding general mu- 
nicipal election, demanding an election of a successor of the 
person sought to be removed, shall be filed with the City Clerk, 
which petition shall contain a general statement of the grounds 
for which the removal is sought. The signatures to the peti- 
tion need not all be appended to one paper, but each signer shall 
add to his signature his place of residence, giving the street and 
number. One of the signers of each such paper shall make 
oath before an officer competent to administer oaths that the 
statements therein made are true, as he believes, and that each 
signature to the paper appended is the genuine signature of the 
person whose name it purports to be. Within ten days from 
the date of filing such petition, the City Clerk shall examine, 
and from the voters’ register ascertain, whether or not said 
petition is signed by the requisite number of qualified voters, 
and, if necessary, the Board of Commissioners shall allow him 
extra help for that purpose; and he shall attach to said petition 
his certificate, showing the result of said examination. If by 
the certificate of the City Clerk the petition is shown to be in- 
sufficient it may be amended within ten days from the date of 
said certificate. The City Clerk shall, within ten days after 
such amendment, make like examination of the amended peti- 
tion, and if his certificate shall show the same to be insufficient, 
it shall be returned to the person filing the same, without preju- 


dice, however, to the filing of a new petition to the same effect. 


CHARTER OF THE CITY OF MEMPHIS. 


If the petition shall be deemed to be sufficient, the City Clerk 
shall submit the same to the Board of Commissioners’ without 
delay. If the petition shall be fowuind to be sufficient, the 'Board 
of Commissioners shall order and fix a date for holding the said 
election not less than thirty days or more than forty days from 
the date of the certificate of the City Clerk to the Board of Com- 


missioners that a sufficient petition is filed. 


The Board of Commissioners shall make, or cause to be made, 
publication of notice, and all arrangements for holding such 
election, and the same shall be conducted, returned, and the 
result thereof declared, in all respects, as are other city elec- 
tions. The successor of any officer so removed shall hold office 
during the unexpired term of his predecessor. Any person sought 
to be removed may be a candidate to succeed himself, and unless 
he requests otherwise in writing his name shall be placed on 
the official ballot without nomination. In any such removal 
election the candidate receiving the highest number of votes 
shall be declared elected. At such election, if some other person 
than the incumbent receives the highest number of votes, the 
incumbent shall thereupon be deemed removed from the office, 
upon qualification of his successor. In case the party who re- 
ceives the highest number of votes should fail to qualify within 
ten days after receiving notification of election, the office shall 
be deemed vacant. If the incumbent receives the highest number 
of votes he shall continue in office. The same method of re- 
moval shall be cumulative and additional to the methods here- 


tofore provided by law. 


Provided, however, that the provision of this act shall not 
apply to any official until after such official has qualified and 
held office for a period of three months, and, further provided, 
that if the provisions of this act are invoked against any official, 
and the majority of the voters in the removal election vote to 
retain said official in office, such official shall not again be 


subject to removal under the provisions of this act until after 


203 


Election— 
notice of; 
how held, 
ete. 


Not subject 
to removal 
within six 
months of 
election to 
remove, 


204 CHARTER OF THE CITY OF MEMPHIS. 


the expiration of six months from the date of the aforesaid re- 


moval election: 


ts Ok in (§ 311.) See. 2. All provisions of the present charter of the 
conflic 
ae City of Memphis, and all acts amendatory thereof, not in conflict 


with the provisions of this act, are continued in full force and 


effect. 


(§ 312.) Sec. 3. This act to take effect from and after Jan- 
uary Ist, 1910. 
Passed February 16th, 1909. 


CHAPTER 4. 


ARTICLE 25. 
MISCELLANEOUS ACTS. 


WINCHESTER CEMETERY. 


May be con- (§ 313.) Section 1. The Legislative Council is hereby em- 

veyed to Old 

ees So- powered, in its corporate capacity, to grant and -to convey to 
the Old Folks’ Society of Shelby County, a body corporate, char- 
tered under the general incorporation laws of the State of Ten- 
nessee, the four acres of ground which constitute a part of the 
grounds now known as “Winchester Cemetery,’ donated by the 
original proprietors of the City of Memphis, in the year 1828, 
to be used as a burying ground; upon condition, however, that 
the said Old Folks’ Society shall stipulate and agree to remove, 
free of expense to the City of Memphis, all human remains now 
buried in said lot of land, and have the same properly interred 


in some other suitable location as hereinafter provided. 


Old Folks’ SERS TB ey Seer sae The said Old’ Folks’ Society of Shelby 
Society may 
Reed with County be, and the same is hereby, authorized and empowered to 
otner ceme- 
ie oe ~. contract with the owners and proprietors of any other cemetery 


ee or burying ground in Shelby County, Tennessee, to remove and 


re-inter the remains formerly buried in Winchester Cemetery, 


CHARTER OF THE CITY OF MEMPHIS. 


and to convey to such proprietors and owners as aforesaid, upon 
such terms as may be agreed to, the four acres of ground set 
out and named in the first section of this bill, as well as the re- 
maining part of Winchester Cemetery now owned by the said 
Old Folks’ Society, it being the purpose and intent of this act 
to secure the removal to a suitable distance from the corporate 
limits of the said City of Memphis of the bodies now buried in 
Winchester Cemetery, and to provide for their decent interment 
in some locality better suited for a public burying ground. 
FUNDING ACTS. 

(§ 314.) Sec. 3. (The funding acts, under which the indebt- 
edness of the City of Memphis was funded, are published in ful! 
in the General Acts of the Legislature, as follows: Funding 
act of 1881, Chapter 123, page 159; funding act of 1883, Chapter 
170, page 224; funding act of 1885, Chapter 14, page 56; funding 
act of 1885, Chapter 14, page 56; funding act of extra session, 
1885, Chapter 2, page 10; funding acts of 1887, Chapter 41, page 
114; funding act of 1895, Chapter 56, page 75. The purposes 
of said acts having been accomplished, it is not necessary to 
publish the same in full in this Digest. The funding ordinances, 
passed under the above acts, are omitted for the same reason, 
except the Briinatice passed under the act of 1895, which is pub- 


lished herein.) 


(§ 3815.) Sec. 4. The City of Memphis is given the right, 
power and authority, through its proper officers, to convey to 
the County of Shelby the alleys in the square in said city bound- 
ed by Adams, Second, Washington and Third streets, for the pur- 
pose of erecting a courthouse thereon. (Ch. 311, Acts 1907.) 

NORTH MEMPHIS LEVEES. 

(§ 316.) Sec. 5. For the purpose of enabling the City of 
Memphis to build and maintain a levee or levees along the river 
front and Bayou Gayoso, and to build and equip pumping sta- 
tions, dams, reservoirs, wells and locks for the purpose of pro- 


tecting itself, its streets, property and sewer system, and in 


Conveying 
alleys around 
Court House 
to county. 


May build 
levees. 


206 


CHARTER OF THE CITY OF MEMPHIS. 


To build 
levees along 
river front. 


order to continue the efficiency of said sewer system so that the 
city may be enabled to properly provide for emptying the sew- 
erage and surface drainage of the said city during high water, 
into the Mississippi or. Wolf River, in order to that end and 
that the same: may.be accomplished that the act entitled “A Dill 
to establish taxing districts in this State, and to provide 
the means of local government for same,’ being Chapter 11 of 
the Acts of 1879, be, and the same is hereby, amended so that 
the City of Memphis be, and it is hereby, authorized and em- 
powered when it, the said city, shall deem it necessary to pur- 
chase land for any or all of said purposes, and to take private 
property for such public. use by condemning the same for said 
purpose or purposes. Said condemnation shall be had and made 
in the same manner as is now provided by law and ordinance 


for the condemnation of property for public use. 


(§ 317.) Sec. 6. The City of Memphis shall have the right 
to use any of its spree: or alleys, or any parts thereof, as it 
may deem necessary in the erection of said levee or levees, and 
in building, providing for and equipping said pumping stations, 


dams, locks, reservoirs and wells. (Ch. 556, Acts 1903.) 


(§ 318.) Sec. 7. To adequately protect the City of Memphis, 
its streets, property and sewer system, and to preserve and con- 
tinue the efficiency of its sewer system from the overflowing 
and back waters of the Mississippi River and Bayou Gayoso, 
and to provide for emptying the sewerage and surface drainage 
of the City of Memphis during high water, into the Mississippi 
or Wolf River, and. for that purpose to build and maintain a 
levee or levees along the river front and Bayou Gayoso, to build 
and equip pumping stations, to purchase pumping machinery, 
to build dams and locks, reservoirs and wells, and to raise and 
construct bridges and streets, and to purchase land, either by 
private sale or condemnation proceedings for the erection of 


levees, levee approaches and pumping stations, and to that end 


CHARTER OF THE CITY OF MEMPHIS. 


207 


that the City of Memphis be, and it is hereby, authorized and 
empowered to levy an ad valorem tax of fifty cents (50) on 
the one hundred dollars of all taxable property situated within 
the limits of the said city as said limits exist at the time of 


the making of said levy. 


(§ 319.) Sec. 8. Said city shall have the power to levy the 
tax aforesaid, regardless of any existing or future limit upon 


the taxing power of said city. 


(§ 320.) Sec. 9. The whole of said tax shall be levied upon 
the same assessment that the City of Memphis shall use in her 
regular annual tax levy for the same year said special tax shall 


be levied. 


(§ 321.) Sec. 10. Said tax shall be payable in from two to 
four annual installments, as the Legislative Council of said city 
may decide, said installments to become due and delinquent at 
the same time, respectively, as the current taxes of the city be- 


come due and delinquent. 


(§ 322.) Sec. 11. The City of Memphis, by and through its 
Board of Fire and Police Commissioners, shall have the right 
to anticipate the collection of any future one or more of said 
installments of said special tax by borrowing money in antici- 
pation of the collection of said installment or installments, and 
‘pledging the repayment of any money or moneys so borrowed 
out of said special tax moneys when the same shall be collected. 
Said Fire and Police Commissioners, in borrowing said moneys 
in advance of the collection or payment of such special tax, 
are authorized to allow interest on the same, not to exceed 


EECA Saar ets per cent. per annum. 


(§ 323.) Sec. 12. There shall be a lien upon the property, 
subject to the payment of said taxes, and said lien shall be 


of the same force and enforceable in the same manner as other 


Levy special 
tax. 


Payable. 


May bor- 
row money. 


208 


CHARTER OF THE CITY OF MEMPHIS. 


Non-liabili- 
ty of coun- 
ties and Tax- 
ing Districts 
for damages, 


tax liens, and the same shall be collected as other delinquent 


taxes are collected. 


(§ 324.) Sec. 18. Said special tax shall be collected by the 
‘rrustee of Shelby County as other city taxes are collected. (Ch. 
557, Acts 1903.) 


(§ 325.) Sec: 14. Be it further enacted, That the counties 


in which taxing districts are situated (and the taxing districts 


by reason of themselves)* shall not be liable for damages for injuries to per- 


defects in 
streets, etc., 
or for con- 
duct of those 
managing af- 
fairs. 


Private prop- 
erty for 
public use. 


Condemna- 
‘tion of pri- 
vate property. 


sons or property, by reason of defects in the streets or alleys, 
or other property under the control and within said taxing dis- 
tricts, or for the conduct of those managing the affairs of such 
districts, nor shall such counties be in any manner liable to 


pay any money on account of such taxing districts. 


(§ 3826.) Sec. 15. Be it further enacted, That the private 
property within the: taxing districts may be taken for public 
use in the manner now provided by law for the application of 


private property for public use. 


(§ 327.) Sec. 16. Be it further enacted, That Section 20, of 
the original act aforesaid, be, and the same is hereby, amended 
so as to declare the power of condemnation, therein conferred, 


applicable to the condemnation of private property to be used 


in the erection of public buildings for the municipality or other- 


wise.” 


(§. 328.) See. 17. All the officers and agents employed in 
the administration of the city government shall be the officers 
and agents of the State, so far as all their official acts touching 
said government. are concerned.*. Those officials charged with 
disbursing, safekeeping or performing any other acts touching 
the taxes imposed by this act shall be liable. for any and all 


such breaches of duty touching the same, as are other State 


1 Acts 1881, Chapter (6, Section 5, Amendatory Chapter 11, Acts 1879, Sec- 
tion 19. : 

2 Act of March 28, 1889, Chapter 163, amendatory to Section 20, Acts 1879. 

3 As to liability of corporations generally, for acts of agents, see 4 Sneed 162; 
2 Bax. 146. : 


CHARTER OF THE CITY OF MEMPHIS. 


209 


and county officials, in regard to the like service and acts, and 
may be proceeded against criminally and civilly in the same way; 
and it shall be the duty of the Attorney General of the district 
to enforce all such remedies, civilly and criminally, against the 
delinquents, just as in the case of State officers. (Sec. 17 of 


item Acts 1879.) 


CHAPTER 480, ACTS OF 1909. 
DRAINAGE ACT. 


A BILL to be entitled an act to amend Chapter 11 of the Acts 
of 1879 entitled, “A Bill to establish taxing districts in this 
State, and to provide means of local government for the same, 


approved January 31, 1879, and all acts amendatory thereof.” 


(§ 328a.) Section 1. Be it enacted by the General Assembly 
of the State of Tennessee, That power is hereby conferred upon 
the Legislative Council of the City of Memphis, where, in the 
judgment of said Legislative Council, it is necessary to have 
drains, ditches or culverts opened or constructed through pri- 
vate property to carry surface water according to the natural 
fiow thereof, to order the owner or owners to construct proper 
ditches, or to lay drain pipes or culverts for the purposes afore- 
said. In making the order, the Legislative Council shall cause 
notice of the order to be given to the owner or owners of the 
property, stating a time within which work must be commenced, 
and that it must be prosecuted to completion within a reason- 


able time. 


(§ 328b.) Sec. 2. Be it further enacted, That the failure to 
comply with such order of the Legislative Council shall be a 
misdemeanor, punishable by a fine of not less than one dollar 
nor more than fifty dollars, and an additional or cumulative 
remedy is likewise given the city, upon failure of the owner 
or owners to comply with such order, to have the work done 


by the city at the cost of the owner, a bill for which is to be 


To construct 
drain pipes 
through pri- 
vate property, 


Violation. 


Work done 


210 CHARTER OF THE CITY OF MEMPHIS. 


rendered the owner or owners, and, in case of failure to pay 
the same, the City Attorney shall sue for the amount thereof 
in any court having jurisdiction of the amount, shall be and con- 
Lien. stitute a lien upon the property through or upon which the im- 


provements are made. 


CHARTER OF THE CITY OF MEMPHIS. 


CHAPTER 5. 


TITLES OF ACTS OF THE GENERAL ASSEMBLY RELATING 
TO CITY OF MEMPHIS FROM 1879 TO 1901, INCLUSIVE. 


1879.—REGULAR SESSION. 


AN ACT to repeal the charter of certain municipal corpora- 
tions, and to remand the territory and inhabitants thereof to the 
government of the State. Approved January 31, 1879. (Ch. 
10, page 13.) 


A BILL to establish taxing districts in this State, and to pro- 
vide the means of local government for the same. Approved 


January 31, 1879. (Ch. 11, page 15.) 


AN ACT to amend an act entitled, ‘“‘An act to establish taxing 
districts in this State, and to provide the means of local gov- 
ernment for the same,” passed January 29, 1879, and approved 


January 31, 1879. Approved March 13, 1879. (Ch. 84, page 98.) 


AN ACT to collect and dispose of the taxes assessed for mu- 
nicipal corporations in this State whose charters have been or 
may be repealed, or which may surrender their charters, and 
to provide for the compromise and make settlement of the debts 
of such extinct corporations respectively. Approved March 14, 


1879. (Ch. 92, page 127.) 


AN ACT to amend an act entitled “An act to amend an act 
entitled an act to establish taxing districts in this State, and 
to provide the means of local government for the same,” passed 
March 12, approved March 13, 1879. Approved March 31, 1879. 
(Ch. 249, page 291.) 


211 


2h2 


CHARTER OF THE CITY OF MEMPHIS. 


1879.—EXTRA SESSION. 


AN ACT to amend an act passed March 10, 1879, entitled “An 
act to establish taxing districts in this State, and to provide 
the means of local government for same,” passed January 29, 
1879; approved January 31, 1879. Approved December 23, 1879. 

(Ex. Ses., Ch. 1, page 11.) 


1881. 
An ACT to repay the Wharfage Fund of the City of Memphis. 


$8,000 borrowed from said fund by the Fire and Police Fund 


during the epidemic of 1878. Approved March 28, 1881. (Ch. 
25, page 25.) 


AN ACT to amend an act passed January 29, 1879, and ap- 
proved January 31, 1879, entitled ‘“‘An act to establish taxing 
districts in this State, and to provide the means of local govern- 


ment for the same.” Approved April 4, 1881. (Ch. 79, page 90.) 


AN ACT to amend Sections 5, 7, 19 and 23 of an act passed 
January 29, 1879, approved January 31, 1879, entitled “An act 
to establish taxing districts in this State, and to provide the 
means of local government for the same,’ and also to amend 
Section 6, Subsections 2, 17, 31, 35, 36, 37, 46, 49, 50, 52, 53, 54, 
56, and adding also Subsection 59 to Section 7, and amending 
Section 8 of an act entitled “An act to establish taxing districts 
in this State, and to provide the means of local government for 
the same,” said amendatory act having passed on the 12th day 


of March, 1879. Approved April 4, 1881. (Ch. 96, page 111.) 


AN ACT to provide for the settlement of the indebtedness of 
the extinct municipality of the City of Memphis. Approved April 
6, 1881. (Ch. 123, page 159.) 


1883. 
A BILL to be entitled an act to amend Sections 5, 13, 15 and 
21 of an act passed January 29, 1879 (Acts 1879, Chapter 11), 


CHARTER OF THE CITY OF MEMPHIS. 


213 


entitled an act to establish taxing districts in this State, and to 
provide the means of local government for the same. (Ch. 5, 


page 8.) 


A BILL to be entitled an act to levy and collect taxes for the 
Taxing District of Shelby County, Tennessee, for the next two 


years, 1883, 1884. (Ch. 6, page 9.) 


AN ACT to cede to the United States exclusive jurisdiction of 
Blocks B and C, in Fort Pickering, near the Taxing District of 
Shelby County, purchased and condemned as a site for the erec- 
tion of a Government Marine Hospital at the port of Memphis, 


Tennessee. (Ch. 135, page 182.) 


AN ACT to repeal an act entitled ‘An act to provide for the 
settlement of the indebtedness of the extinct municipality of 
Memphis,” and to dispose of the funds already collected there- 


under. (Ch. 162, page 210.) 


AN ACT to empower municipal corporations and Taxing Dis- 
tricts to compromise and fund their indebtedness, issue bonds 
for the amount so funded, and to provide for the payment of same 


as compromised. (Ch. 170, page 224.) 


AN ACT to settle and pay off the indebtedness due by the 
late City of Memphis to the policemen, firemen, hospital, square 
keepers, street force and those feeding the city prisoners for 


the year 1878 and January, 1879. (Ch. 190, page 264.) 


A BILL to be entitled an act to amend Section 8 of the act 
to establish taxing districts in this State, and to provide the 
means of local government for the same, passed January 29, 1879; 
approved January 31, 1879, Acts of 1879, Chapter 11, page 15, 
with amendatory act passed March 12, 1879, and approved March 
12, 1879, Acts of 1879, Chapter 84, page 98. (Ch. 200, page 280.) 


AN ACT to be entitled an act to amend the fourth section of 


an act entitled an act to amend an act entitled an act to estab- 


214 


CHARTER OF THE CITY OF MEMPHIS. 


lish taxing districts in this State, and to provide the means 
ot local government for the same, passed March 12, 1879; ap- 


proved March 13, 1879, Chapter 84. (Ch. 222, page 299.) 


AN ACT to enable taxing districts in this State to appropriate 
certain funds to the purchase of ground for the building of sta- 


tion and workhouses. (Ch. 236, page 318.) 


1885.—REGULAR SESSION. 


AN ACT to levy and collect taxes for the Taxing District of 
Shelby County, Tennessee, for the next two years, 1885 and 1886. 
Approved January 28. (Ch. 3, page 42.) 


AN ACT to amend an act entitled “An act to levy and collect 
taxes for the Taxing District of Shelby County, Tennessee,’ for 
the next two years, 1885 and 1886,’ passed on the 21st of 
January, 1885, and approved on the 28th of January, 1885. Ap- 
proved February 14, 1885. (Ch. 6, page 46.) 


AN ACT to amend an act entitled “An act to empower munici- 
pal corporations and taxing districts to compromise and fund 
their indebtedness, issue bonds for the amount so funded, and 
to provide means for the payment of the same as compromised, 
the same being Chapter 170 of the Acts of 1883, and to extend 
the provisions of said act to the Ist day of July, 1885. Approved 
February 20, 1885. (Ch. 14, page 56.) 


AN ACT to amend an act entitled “An act authorizing munici- 
pal corporations to fund their indebtedness upon certain condi- 
tions,” passed March 26, 1881. Approved March 25, 1885. (Ch. 
52, page 107.) 


AN ACT to amend an act passed January 29, 1879, entitled 
“An act to establish taxing districts in this State, and to provide 
the means of local government for the same,” so as to require 


the bank selected by the County Trustee as the depository for 


CHARTER OF THE CITY OF MEMPHIS. 


the taxes collected for the benefit of the taxing districts to give 
bond conditioned for the safekeeping and accounting for said 


funds. Approved April 4, 1885. (Ch. 99, page 197.) 


AN ACT to fix the time when taxes assessed for the support 
of taxing districts shall become delinquent, and amend an act 
passed December 22, 1879, entitled an act to amend an act passed 
March 18, 1879, entitled an act to establish taxing districts in 
the State, and to provide local government for same, passed 


January 29, 1879. Approved April 9, 1885. (Ch. 153, page 264.) 


1885.—EXTRA SESSION. 


A BILL to be entitled “An act to amend an act entitled an 
act to repeal an act entitled an act to provide for the settlement 
of the indebtedness of the extinct municipality, City of Memphis, 
and to dispose of the funds already collected, or to be collected 
thereunder, it being Chapter 162 of the Acts of 1883. Approved 
June 6, 1885. (Ex. Ses., Ch. 1, page 9.) 


AN ACT to be entitled an act to amend an act entitled an act 
to empower municipal corporations and taxing districts to com- 
promise and fund their indebtedness, issue bonds for the amount 
so funded, and to provide means for the payment of same as 
compromised, being Chapter 170 of the Acts of 18838; and also 
to amend an act passed February 16, 1885, approved February 
20, 1885, entitled an act to amend an act entitled an act to em- 
power municipal corporations and taxing districts to compromise 
and fund their indebtedness, issue bonds for the amount so 
funded, and to provide means for the same as compromised, the 
same being Chapter 170 of the Acts of 1883, and to extend the 
provisions of said act to the 1st day of July, 1885. And to fur- 
ther hrovide for the compromise, settlement and funding of the 
indebtedness of municipal corporations and taxing districts, 
and issuing bonds therefor, and to provide means for the pay- 
ment of same, as compromised. Approved June 6, 1885. (Ex. 


Ses., Ch. 2, page 10.) 


216 


CHARTER OF THE CITY OF MEMPHIS. 


1887. 


AN ACT to levy and collect taxes for the Taxing District of 
Shelby County, Tennessee, for the years 1887 and 1888. Approved 
February 28, 1887. (Ch. 10, page 71.) 


AN ACT to amend an act entitled “A bill to establish taxing 
districts in this State, and to provide the means of local govern- 
ment for the same,” being Chapter 11 of the Acts of 1879. Ap- 
proved February 28, 1887. (Ch. 19, page 89.) 


AN ACT to amend and revise Chapter 2 of the Acts of the 
Special Session of 1885, entitled a bill to be entitled “An act to 
amend an act entitled ‘An act to empower municipal corporations 
and taxing districts to compromise and fund their indebtedness, 
issue bonds for the amount so funded, and to provide for the 
payment of same so compromised,’ being Chapter 170 of the 
Acts of 1883,’ and also to amend an act passed February 16, 1885, 
approved February 20, 1885, entitled ‘““An act to amend an act 
entitled ‘An act to empower municipal corporations and taxing 
districts to compromise and fund their indebtedness, issue bonds 
for the amount so beige and to provide means for the payment 
of same as compromised, the same being Chapter 170 of the 
Acts of 1883, and to extend the provisions of said act to the first 
day of July, 1885, and to further provide for the compromise, 
settlement and funding of the indebtedness of municipal cor- 
porations ee taxing districts and issuing bonds therefor, and 
to provide means for the payment of same as compromised.” 


Approved March 2, 1887. (Ch. 41, page 114.) 


AN ACT to amend Chapter 16 of the Acts of 1873 entitled “An 
act to grant to the City of Memphis the Memphis Hospital 
Grounds.” Approved March 2, 1887. (Ch. 57, page 128.) i 


AN ACT to amend an act entitled aa bill to establish taxing 
districts in this State, and to provide the means of local gov- 


ernment for the same,” being Chapter 11 of the Acts of 1879, 


CHARTER OF THE CITY OF MEMPHIS. 


so as to extend the police powers and to authorize the enlarge- 
ment of the police force of said taxing districts. Approved 
March 2, 1887. (Ch. 59, page 133.) | 


AN ACT to amend an act passed March 23, 1885, entitled ‘‘An 
act to amend an act entitled ‘An act authorizing municipal cor- 
porations to fund their indebtedness upon certain conditions,’ 
passed March 26, 1881.” Approved March 2, 1887. (Ch. 61, page 
137.) 


AN ACT to amend an act entitled “A bill to establish taxing 
districts in this State, and to provide the means of local gcv- 
ernment for the same,” being Chapter 11 of the Acts of 1879, 
and to authorize said taxing districts to purchase and build 
and own and operate an electric light plant for the purpose of 
lighting the highways and public grounds of such districts. Ap- 
proved March 22, 1887. (Ch. 64, page 142.) 


AN ACT to amend an act entitled “A bill to establish taxing 
districts in this State, and to provide the means of local govern- 
ment for the same,” being Chapter 11 of the Acts of 1879, and 
to enlarge the powers of said taxing districts to regulate gas 
companies and the price of gas. Approved March 23, 1887. (Ch. 
91, page 181.) 


AN ACT to amend an act entitled “A bill to establish taxing 
districts in this State, and to provide the means of local govern- 
ment for the same,” being Chapter 11 of the Acts of 1879, and to 
enlarge the powers of said taxing districts, so as to authorize 
and enable them to build works, lay pipes, conductors, etce., in 
order to supply the district and its inhabitants with water. Ap- 


proved March 24, 1887. (Ch. 147, page 252.) 


AN ACT to amend an act entitled “A bill to establish taxing 
districts in this State, and to provide the means of local gov- 
ernment for the same,” being Chapter 11 of the Acts of 1879. 
(Ch. 218, page 350.) 


217 


218 


CHARTER OF THE CITY OF MEMPHIS. 


1889. 


AN ACT to levy and collect taxes for Taxing District of Shelby 
County, Tennessee, for two years, 1889 and 1890. Approved 
February 26, 1889. (Ch. 19, page 26.) 


AN ACT to amend an act passed March 27, 1883, entitled an 
act to amend Section 8 of the act to establish taxing districts 
in this State, and to provide the means of local government for 
the same, passed January 29, 1879, approved January 31, 1879, 
Acts of 1879, Chapter 11, page 15, with amendatory act passed 
March 12, 1879, Acts of 1879, Chapter 84, page 98. Approved 
February 28, 1889. (Ch. 48, page 80.) 


AN ACT to amend an act passed June 6, 1885, entitled an 
act to amend an act entitled an act to repeal an act entitled an 
act to provide for the settlement of the indebtedness of the ex- 
tinct municipality, City of Memphis, and to dispose of the funds 
already collected, or to be collected thereunder, it being Chapter 
162 of the Acts of 1883. Approved March 16, 1889. (Ch. ay 
page 108.) 


AN ACT giving the consent and authority of the General As- 
sembly, in behalf of the State of Tennessee, to the location of 
the buildings of the Cossitt Library, a corporation of the State 
of Tennessee, located at Memphis, Tennessee, for the purpose 
of a public library, on a portion of the public promenade within 
the Taxing District of Shelby County. Approved March 16, 1889. 
(Ch. 77, page 112.) 


AN AcT to amend Chapter 84 of the Acts of 1879, and the 
acts amendatory thereof, fixing privileges and privilege taxes 
of the Taxing ‘District of Shelby County. Approved March 19, 
1889. (Ch. 104, page 210.) 


AN ACT to amend an act passed January 29, 1879, entitled 


“An act to establish taxing districts in this State, and to pro- 


CHARTER OF THE CITY OF MEMPHIS. 


219 


vide the means of local government for the same,” and the acts 
amendatory thereto, so as to provide for the establishment of 
improvement districts within such taxing districts, to con- 
struct pavements, sewers, etc., and to authorize said Taxing 
District to levy and collect taxes for the same. (Ch. 157, page 
298.) 


AN ACT to amend the charter of the Taxing District of Shelby 
County, created and organized under an act entitled “An act to 
establish taxing districts in this State, and to provide the means 
of local government for the same, and the acts amendatory there- 
of.” (Ch. 163, page 309.) 


AN ACT to authorize incorporated Boards of Education of 
Public Schools in taxing districts of 30,000 inhabitants or over, 
according to Federal census of 1880, or any future census, to issue 
bonds for certain purposes. Approved April 4, 1889. (Ch. 185, 
page 349.) 


AN ACT to amend an act entitled “An act to collect and 
dispose of the taxes assessed for municipal corporations in this 
State whose charters have been, or may be, repealed, or which 
may surrender their charters, and to provide for the compromise 
and make settlements of the debts of such extinct municipal 
corporations respectively,” passed March 13, 1879, and being 
Chapter 91 of the Acts of 1879, so as to authorize the Taxing 
District of Shelby County to collect the remaining taxes and 
assets due to the extinct municipality of the City of Memphis, 
without the aid or interposition of a receivership. (Ch. 209, 


page 424.) 


AN ACT to provide for a Board of Inspectors to examine and 
license engineers in cities and taxing districts having a popula- 
tion of 30,000 or over, under the Federal census of 1880, or any 


future census. (Ch. 219, page 439.) 


220 


CHARTER OF THE CITY OF MEMPHIS. 


ACTS OF 1890.—EXTRA SESSION. 


AN ACT to amend an act entitled ‘‘An act, to establish taxing 
districts of the second class, and to provide the means of local 
government therefor,’ passed April 1, 1881, and approved April 


6, 1881. Approved March 14, 1890. (Ex. Ses., Ch. 31, page 71.) 


1891. 


AN ACT to levy and collect taxes for the Taxing District of 
Shelby County, Tennessee, for the years of 1891 and 1892, and 
to apportion the taxes levied and collected to different depart- 
ments of the said Taxing District. Approved January 31, 1891. 
(Ch. 3, page 24.) : 


AN ACT to amend Section 17 of an act passed April ‘ 1881, 
approved April 4, 1881, being Chapter 96 of the Acts of 1881, 
entitled an act to amend Sections 5, 7, 19 and 23 of an act passed 
January 29, 1879, approved January 31, 1879, entitled an act to 
establish taxing districts in this State, and to provide means of 
local government for the same, and also to amend Section 6, Sub- 
sections 2, 17, 31, 35, 36, 37, 46, 49, 50, 52, 53, 54; 56,"and also 
adding Subsection 59 to Section 7, and amending Section 8 of 
an act entitled an act to establish taxing districts in this State, 
and to provide the menne of local government for the same, 
said amendatory act having passed on the 12th day of March, 
1879. wyoroved March 17, 1891. (Ch. 62, page 147.) 


AN ACT to amend the original act passed January 29, 1879, 
Acts 1879, Chapter 11, entitled ““An act to establish in this State 
taxing districts,’ and an act amending the same passed February 
L221 883, entitled ““An act to amend Sections 5, 13, 15 and 21 of 
the Acts of 1879, Chapter 11, and to provide the means of local 
government of the same,” Acts of 1883, Chapter 5, page 8, so 
as to increase the salary of the Secretary of the Taxing District 
and to fix his salary at an amount not exceeding $2,500 per an- 


num. Approved March 24, 1891. (Ch. 79, page 198.) 


CHARTER OF THE CITY OF MEMPHIS. 


AN ACT to amend the act of Tennessee, passed January 29, 
1879, establishing taxing districts, Acts of 1879, Chapter 11, so 
as to give to said taxing districts the power to dispose of and 
cancel double or illegal assessments of property for taxes as- 
sessed in favor of such taxing districts. Approved March 24, 
1891. (Ch. 80, page 199.) 


AN ACT to amend an act passed January 29, 1879, Acts of 
1879, Section 14, creating taxing districts, and Section 9 of the 
Acts of 1889, Chapter 163, entitled ““An act to amend charter of 
Taxing District of Shelby County,” etc., so as to empower the 
attorneys for the collection of back taxes for the municipalities 
to file original bills in the name of the said municipality for the 
collection of the delinquent taxes. Approved March 26,448 OL: 
(Ch. 81, page 200.) 


AN ACT to amend an act passed January 29, 1879, Chapter 
11, page 15, to establish taxing districts in this State, and acts 
amendatory thereto, so as to fix the salary of the Taxing Dis- 
’ trict Engineer at a sum not greater than $4,000 per annum. 


Approved March 26, 1891. (Ch. 82, page 201.) 


AN ACT to amend an act passed January 29, 1879, Acts of 
1879, Chapter 11, creating taxing districts in this State, and acts 
amendatory thereto, so as to pay, in addition to the salaries now 
provided for the members of the Legislative Council of the Tax- 
ing District, the further sum of $5 to each member of the Board 
of Public Works for each and every meeting of the Legislative 
Council which he or they may attend and therein officially act. 


Approved March 26, 1891. (Ch. 83, page 201.) 


AN ACT to repeal the act of the General Assembly of Ten- 
nessee, passed March 18, 1890, and approved March 18, 1890, 
being of the public acts passed at the third session of the Forty- 
sixth General Assembly of Tennessee, Acts of Extra Session of 


Tennessee, 1890, Chapter 1, pages 109, 110 and 111, and entitled 


221 


aoe 


CHARTER OF THE CITY OF MEMPHIS. 


“An act to extend the corporate limits of the Taxing District 
of Shelby County, Tennessee, and to prescribe the conditions 
upon which said extension is made, so as to reinstate the cor- 
porate limits of the Taxing District of Shelby County, Tennes- 
see, aS the same existed prior to the passage of the said act 
of March 18, 1890, as above stated.” Approved March 26, 1891. 
(Ch. 84, page 202.) 
1893. 

AN ACT to amend an act entitled “An act to establish taxing 
districts in this State, and to provide the means of local goy- 
ernment for the same,’ passed January 29, 1879, and all acts 
amendatory thereof, so as to give the Legislative Council of 
the City of Memphis power to levy taxes for the support of 
said city, and to change the manner of filling any vacancy in the 
Board of Fire and Police Commissioners, or the Board of Public 
Works of said city; and to provide a Street and Sewer Commis- 


sioner for said city. Approved April 5, 1893. (Ch. 84, page 110.) 


AN ACT to authorize the City of Memphis to issue sixty thou- 
sand ($60,0v0) dollars of market house bonds, and to secure the 
same by a mortgage of its market house grounds, for the pur- 
pose of erecting building thereon, and otherwise improving the 


same. Approved April 6, 1898. (Ch. 86, page 115.) 


AN ACT to amend an act entitled “An act to establish taxing 
districts in this State, and to provide the means of local govern- 
ment for the same.” Passed January 29, 1879, approved January 


31, 1879. Approved April 10, 1893. (Ch. 103, page 210.) 
a 


AN ACT to authorize the City of Memphis to convey to the 
Old Folks’ Society of Shelby County a certain unused burying 
ground, known as “Winchester Cemetery;” and also to authorize 
said society to remove the bodies now buried therein to some 
other suitable locality in Shelby County, outside of and. beyond 
the corporate limits of said City of Memphis. Approved April 
10, 1893. (Ch. 104, page 210.) 


CHARTER OF THE CITY OF MEMPHIS. 


223 


1895. 


AN ACT to amend an act entitled “An act to establish taxing 
districts in this State, and to provide the means of local govern- 
ment for the same,” the same being Chapter 11 of the Acts of 
1879, so as to authorize the City of Memphis to issue three mil- 
lion ($3,000,000) dollars of bonds for the purpose of refunding 
its bonded debt at a lower rate of interest. Approved April 4, 


1895. (Ch. 56, page 75.) 


AN ACT to authorize the City of Memphis to levy a special 
hospital tax for the purpose of building and equipping a new 
hospital, “and to amend Chapter 16 of the Acts of 1873, grant- 
ing to the City of Memphis the Memphis Hospital grounds, and 
Chapter 57 of the Acts of 1887, authorizing the sale of said 
Memphis Hospital grounds.’ Approved February 8, 1895. (Ch. 
84, page 126.) 


AN ACT to fix the compensation of the County Trustee of 
Shelby County, Tennessee, for the collection and disbursement 
of the taxes, and the handling of other funds of the City of 
Memphis. Approved April 8, 1895. (Ch. 91, page 154.) 


AN ACT to amend Chapter 84 of the Acts of 1893, entitled 
“An act to amend an act entitled an act to establish taxing dis- 
tricts in this State, and to provide means of local government 
for the same,’ passed January 29, 1879, and all acts amendatory 
thereof, so as to give the Legislative Council of the City of 
Memphis power to levy taxes for the support of said city, and 
change the manner of filling any vacancy in the Board of Fire 
and Police Commissioners, or in the Board of Public Works in 
said city, and to provide a Street and Sewer Commissioner for 


said city. Approved May 13, 1895. (Ch. 172, page 368.) 


1897. 


AN ACT to prevent the use of an open patrol wagon, or open 


vehicle of any kind, by any municipality or taxing district, or 


224 


CHARTER OF THE CITY OF MEMPHIS. 


other form of municipal government, for the purpose of trans- 
porting persons under arrest from one point to another, and 
to provide closed vehicles in such cases, and to provide a pen- 
alty for the violation of this act. Approved March 15, 1897. (Ch. 
538, page 194.) 


AN ACT to empower municipal corporations having 20,000 
population and upward, according to the Federal census of 1890,. 
or any subsequent Federal census, to establish and maintain free 
public libraries and reading rooms, and to aid certain free pub- 
lic library associations already established, and to provide for 
their protection, management and control; and to empower such 
libraries and library associations to receive gifts of money and 
other property, and to exempt their property from taxation and 


execution. Approved April 9, 1897. (Ch. 105, page 253.) 


AN ACT to amend the charter of the City of Memphis in re- 
spect of the conditions of bonds to be given on appeals from 
judgments rendered in the Police Court; to provide that appeals 
shall be from said Police Court to the Second Circuit Court of 
Shelby County, and to transfer to said Circuit Court such ap- 
pealed cases now pending in the First Circuit Court of Shelby 


County. Approved April 29, 1897. (Ch. 156, page 343.) 


AN ACT to amend the charter of the City of Memphis so as 
to prescribe the qualifications of voters in municipal elections. 


Approved March 19, 1897. (Ch. 195, page 412.) 


AN ACT to amend the charter of the City of Memphis, so as 
to authorize said city, by ordinance, to provide that all delin- 
quent taxes for the years 1879 to 1888, both inclusive, may be, 
when collected, carried to surplus account and be subject to 
appropriation by the Legislative Council of said city. Approved 
March 15, 1897. (Ch, 215, page 516.) 


AN ACT to amend the charter of the City of Memphis, by 


authorizing the Legislative Council of said city to fix the com- 


CHARTER OF THE CITY OF MEMPHIS. 


225 


pensation of its Wharf Master at a sum not to exceed twelve 
hundred dollars per annum, payable in monthly installments. 


Approved March 15, 1897. (Ch. 224, page 531.) \ 


AN ACT to authorize the City of Memphis to reduce assess- 
ments in certain cases. Approved March 15, 1897. (Ch. 274, 
page 597.) 


AN ACT to amend the charter of the City of Memphis, said 
charter being embraced in an act entitled “An act to establish 
taxing districts in this State, and to provide the means of local 
government for the same,” being Chapter 11 of the Acts of 1879, 
and acts amendatory thereof, so as to provide that the day and 
night police of said city, inclusive of the Chief, should consist 
of one policeman to every seven hundred and fifty inhabitants 
by the Federal census of 1890. Approved April 29, 1897. (Ch. 
277, page 601.) 


AN ACT to authorize the City of Memphis to take the census 
of said city. Approved April 10, 1897. (Ch. 285, page 609.) 


1898.—EXTRA SESSION. 


AN ACT to extend and change the corporate limits of the 
City of Memphis, Shelby County, Tennessee, and to prescribe 
the conditions upon which said extension is made. (Ex. Ses., 


Ch. 6, page 53.) 


AN ACT to authorize the City of Memphis to build, purchase, 
acquire control of, and to extend a system of waterworks, to 
be maintained and operated for the benefit of said city and its 
inhabitants; to issue bonds for the purpose aforesaid, and to 
enable said city to compel all owners, tenants and occupants 
of houses to take and use the water so supplied. Approved Feb- 


ruary 5, 1898, -(Ch. 13, page 66.) 


AN ACT to amend Chapter 172 of the Acts of 1895 entitled 
“An act to amend Chapter 84 of the Acts of. 1893, entitled ‘An 


act to amend an act entitled “An act to establish taxing dis- 


‘226 


CHARTER OF THE CITY OF MEMPHIS. 


tricts in this State, and to provide the means of local govern- 
ment for the same,” passed January 29, 1879, and all acts amend- 
atory thereof, so as to give the Legislative Council of the City 
of Memphis power to levy taxes for the support of said city, 
and to change the manner of filling any vacancies in the Board 
of Fire and Police Commissioners, or in the Board of Public 
Works of said city, and to provide a Street and Sewer Commis- 
sioner for said city,’ passed May is 1895,” and all acts amend- 
atory thereof, so as to enlarge the power of the Legislative 
Council of the City of Memphis, to levy taxes for municipal 
purposes for the support of said city. Approved January 28, 1899. 
(Ch 14) pace -71;). 


1899. 


AN ACT to authorize and empower the taxing districts, cities 
and towns of this State having a population of 60,000 orate 
according to the Federal census of 1890, or any subsequent Fed- 
eral census, to ‘build, purchase or acquire control - of, in any 
manner, and to extend a system :of waterworks to be maintained 
and operated for the benefit of such taxing. districts, cities and 
towns and their inhabitants, and to -issue bonds of whatever 
character, and to-make such mortgages, guarantees, contracts 
and agreements of whatever nature that may be necessary or 
expedient ‘for the carrying out of the purposes aforesaid, and 
to authorize any water company supplying such taxing district, 
city or town and its inhabitants with water, to sell its plant 
and property to such taxing district, city or town, and to author- 
ize the stockholders of such water company to sell their stock 
to such taxing district, city or town, and take in exchange there- 
for the bonds of such water company, and to make such other 
contract or agreement whereby such taxing district, city or 
town shall acquire ownership or control of such waterworks, as 
may be agreed-upon, and to authorize such taxing district, city 


or town, after acquiring control of such waterworks, to estab- 


CHARTER .OF: THE. CITY ‘OF: MEMPHIS.’ 


lish regulations for the; operation and ;management; thereof. Ap- 


proved January 28, 1899. (Ch. 32, page:41.) 


AN ACT to confer the power upon taxing districts of this 
State of 60,000 and over, according to the Federal census of 
1890, or any subsequent census, to compel ihe owners and occu- 
pants of houses situated within their emits to take and use for 
sanitary purposes the water furnished by any general water 
system, whether such water system is owned or operated by 
such taxing districts or by a private company. Approved Jan- 
uary 28, 1899. (Ch. 47, page 66.) 


AN ACT to amend an act entitled a bill to establish taxing 
districts in this State, and to provide the means of local govern- 
ment for the same, being Chapter 11 of the Acts of 1879, and 
to authorize the City of Memphis to levy a special sewer tax, 
and to provide for the payment and collection thereof. Ap- 


proved January 25, 1899. (Ch. 49, page 70.) 


AN ACT to amend an act entitled “An act to establish tax- 
ing districts in this State, and to provide the means of local 
government for the same,’ passed January 29, 1879, so as to 


extend and enlarge the powers of the City Attorney in taxing 


districts having a population of 60,000 or more, according to the’ 


Federal census of 1890, or any subsequent Federal census, and to 
provide for his compensation. Approved January 28, 1899. (Ch. 


53, page 75.) 


AN ACT to grant certain school privileges to children residing 
within one-half mile of the limits of the City of Memphis. Ap- 
proved January 28, 1899. (Ch. 59, page 82.) 


AN ACT to amend an act entitled “An act to establish taxing 
districts in this State, and to provide the means of local gov- 
ernment for the same,” passed January 2, 1879, and approved 
January 31, 1879, being Chapter 11 of the Acts of 1879, and the 


amendments thereto, so as to prohibit the discharge of the 


227: 


228 


CHARTER OF THE CITY OF MEMPHIS. 


officers and employes of certain departments, ‘except ‘after trial; 
to provide for the examination and appointment of candidates 
for positions in said departments; and to provide rules and 
regulations for the improvement of the municipal service; and 
to provide for the retirement of members of the Fire and Police 
Departments abla certain age, after twenty-five years of service, 
with a certain specified salary; and to further provide for offi- 
cers and men injured while in the discharge of their duties: and 
for the dependent families of officers and men killed in the 
performance of duty, and to provide a fund from which moneys 
for these purposes shall be paid. Approved January 28, 1899. 
(Ch. 61, page 84.) 


AN ACT to amend Section 9 of Chapter 84 of the Acts of 
1893, establishing the position of Street Commissioner in sertain 
taxing districts, so as to provide that, after January 1, 1900, 
the Street Commissioner shall be elected and his compensation 
fixed by the Legislative Council. Approved January 28, 1899. 
(Ch. 66, page 93.) 


AN ACT to amend an act entitled “An act to establish tax- 
ing districts in this State, and to wioeiie the means of local 
government for the same,’ passed January 29, 1879, and the 
ameuameats thereto, so as to confer power upon said taxing 
districts to condemn the plant, franchises and ptepenee of any 
waterworks company furnishing water to such taxing districts 
and their inhabitants, and to provide means for paying for such 


waterworks company. Approved January 28, 1899. (Page 95.) 


AN ACT to transfer to the School Commissioners of Board 
of Education of the City of Memphis all of the public school 
property and public school funds in the hands of the district 
school directors ‘in the territory who may attend the public 
schools of the act passed at the present session of the Legis- 
lature; to provide for the management and conduct of the 


district schools in the territory so annexed during the present 


CHARTER OF THE CITY OF MEMPHIS: 


scholastic year, and for the payment of tuition fees by children 
residing in said annexed territory who may attend the public 
schools of the City of Memphis until the close of the present 
school year. Approved March 30, 1899. (Ch. 122, page 198.) 


AN ACT to validate and ratify the contracts between the 
Taxing District of Shelby County and the Artesian Water Cou1n- 
pany. Approved January 25, 1899. (Ch. 124, page 202.) 


AN ACT to extend and change the corporate limits of the 
City of Memphis, Shelby County, Tennessee, and to provide 
that the annexed territory shall not pay, or be liable for, any 
part of the principal or interest of the indebtedness of said city 
outstanding at the time of such annexation. Approved January 
25, 1899. (Ch. 134, page 221.) 


AN ACT to amend an act entitled “An act to create taxing 
districts in this State, and’ to provide the means of local gov- 
ernment for the same,” passed January 29, 1879, and the acts 
amendatory thereof, so as to increase the number of: Super- 
visors of the Board of Public. Works to eight:members, and 
to provide for the appointment or election of the additional 
members; to fix their power and duties; to increase the com- 
pensation of all members of said Board of Public Works, and 
to fix the number required for a quorum of the Legislative Coun- 
cil, and the number required to transact business. Approved 


March 31, 1899. (Ch. 139, page 242.) 


AN ACT to amend an act entitled “An act to establish tax- 
ing districts in this State, and to provide the means of ‘local 
government for the same,” being Chapter 2 of the Acts of 1879, 
and the acts amendatory thereof, so as to authorize and em- 
power the taxing districts and cities organized under said act 
to acquire, improve and maintain parks for the benefit of the 


public. Approved March 31, 1899. (Ch. 142, page 250.) 


229 


230 


CHARTER OF THE CITY OF MEMPHIS: 


AN ACT to amend an act entitled “An act: to establish. tax; 
ing districts in this State, and to provide the means of local 
government for the same,” passed January 29, 1879, and “the 
amendments thereto, so as to provide that the members of the 
Board of Fire and Police Commissioners and the Supervisors 
of the Board of Public Works shall be residents of such taxing 
districts or territory annexed thereto for five years preceding 
their election or appointment. Approved April 6, 1899. (Ch. 
200, page 397.) 


AN ACT to amend an act entitled “An act to amend an act 
entitled ‘An act to establish taxing districts in this State, and 
to provide the means of local government for the same,’ passed 
January 29, 1879, approved January 31, 1879,’ so as to provide 
that the City Engineer, Assistant Engineer and all other officers 
and employes of the Engineering Department of such taxing 
districts shall be appointed by the Board of Fire and Police 
Commissioners upon the nomination of the Mayor. Approved 


April 17, 1899. (Ch. 232, page 476.) 


AN ACT to refund to the City of Memphis certain commis- 
sions paid by it, and to provide that hereafter no commissions 
shall be charged for the collection of its taxes. Approved April 
17, 1899. (Ch. 248, page 564.) 


AN ACT to authorize incorporated Boards of Education of 
public schools in cities and taxing districts of 60,000 inhabi- 
tants or over, according to the Federal census of 1890, or any 
future census, to issue bonds for certain school purposes. Ap- 


proved April 22, 1899. (Ch. 273, page 654.) 


AN ACT to limit the time in. which suits may be brought 
against any municipal corporation to recover the State or county 
privilege tax on litigation in cases tried before a Mayor’s or 
Recorder’s Court, or any Police Court of such corporation, and 
to authorize the dismissal of such suits now pending. Approved 


April 22, 1899. (Ch. 274, page 656.) 


CHARTER OF THE CITY OF MEMPHIS. 


1901. 

AN ACT to amend Section 1 of an act entitled “An act’ to 
empower municipal corporations having 30,000 population and 
upward, according to the Federal census of 1890, or any subse- 
quent Federal census, to establish and maintain free public 
libraries and reading rooms, and to aid certain public libraries 
already established, and to provide for their protection, man- 
agement and control, and to empower such libraries and library 
associations to receive gifts of money or other property, and 
to exempt their property from taxation and execution,” being 
Chapter 105 of Acts of 1887, so as to raise the limit of appro- 
priation therein provided for. (Ch. 2, page 4.) 


AN ACT to amend an act entitled “An act to amend an act 
to establish taxing districts in this State, and to provide the 
means of local government for the same, being Chapter 2 of 
the Acts of 1879, and the acts amendatory thereof, so as to 
authorize and empower taxing districts and cities organized 
under said act to acquire, improve and maintain parks for the 
benefit of the public,” so as to vest said taxing districts and 
cities with the power and authority to execute trust deeds 
upon park lands and their public property - other than = that 
acquired under the said act, such trust deeds to secure the pay- 
ment of any bonds and interest coupons issued under said act; 
and to authorize said taxing districts and cities to establish a 
sinking fund for the payment of the principal of said bonds 
at their maturity. (Ch. 9, page 18.) 

AN ACT to amend an act entitled “An act to establish tax- 
ing districts in this State, and to provide the means of local 
government for the same,” being Chapter 11 of the Acts: of 
1879, and to authorize the City of Memphis to levy a special 
improvement tax and to provide for the collection and -use 


thereof.” (Ch. 94, page 136.) 


AN ACT to amend an act entitled “An act to establish taxing 


districts in this State, and to provide the means of local gov- 


231 


232 


CHARTER OF THE CITY OF MEMPHIS. 


ernment for the same, being Chapter 2 of the Acts of 1879, and 
the acts amendatory thereof, so as to authorize and empower 
the taxing districts and cities organized under said act to ac- 
quire, improve and maintain parks for the benefit of the public,” 
being Chapter 142 of the Acts of 1899, so as to authorize the 
Legislative Council of such taxing district or city to adorn 
such park belonging to said taxing district or city as said 
Legislative Council may select by.the erection of an equestrian 


statue of Gen. Nathan Bedford Forrest. (Ch. 103, page 145.) 


AN ACT to authorize incorporated Boards of Education of 
public schools in cities and taxing districts of 100,000 inhabi- 
tants or over, according to the Federal census of 1900, or any 
future census, to issue bonds for certain school purposes. (Ch. 


123, page 185.) 


A BILL to be entitled “An act to repeal an act approved Jan- 
uary 28, 1899, entitled ‘An act to establish taxing districts in 
this State, and to provide the means of local government. for 


’ 


the same,’” passed January 29, 1879, and amendments thereto, 
so as to prohibit the discharge of the officers and employes of 
certain departments, except after trial, and to provide for an 
examination and appointment of candidates for positions in said 
departments, and to provide rules and regulations for the im- 
provement of the municipal service, and to provide for the re- 
tirement of the members of the Fire and Police Departments 
at a certain age, after twenty-five years of service, with a cer- 
tain specified salary, and to provide further for officers and 
men injured while in the discharge of their duty, and for the 
dependent families of officers and men killed in the perform- 
ance of duty; and to provide a fund from which moneys for this 
rurpose shall be paid;” and to amend the aforesaid act approved 
January 31, 1879, entitled “An act to establish taxing districts 
in this State, and to provide the means of local government 


for the same,” so as to provide for the appointment and dis- 


CHARTER OF THE CITY OF MEMPHIS. 


charge of certain officers and employes of the City of Memphis 
by the Mayor, and so as to confer upon the Legislative Council 
of the City of Memphis the power to fix the compensation of 
the President of the Board of Health and his assistants and 


department officers. (Ch. 149, page 256.) 


A BILL to be entitled “An act to allow the City of Memphis 
to release and have stricken from the roll all taxes claimed to 
be due the City of Memphis prior to the year 1879.” (Ch. 205, 
page 446.) 


CHAPTER 436, ACTS OF 1903. 
REPEALING ACT PROVIDING CIVIL SERVICE RULES. 
A BILL to be entitled “An act to repeal Chapter 61 of the 
Acts of 1899.” 


CHAPTER 534, ACTS OF 1903. 
COSSITT LIBRARY. 

AN ACT to levy and provide for the collection of taxes within 
taxing districts having a population of 100,000 and upwards, 
according to the Federal census of 1900, or any subsequent 
Federal census, for the purpose of maintaining free public libra- 


ries within such taxing districts. 


CHAPTER 556, ACTS OF 1903. 


AN ACT to amend an act entitled “‘A bill to establish taxing 
districts in this State, and to provide the means of local gov- 
ernment for same,” being Chapter 11 of the Acts of 1879, and 
to authorize the City of Memphis to buy land, either at private 
sale or by condemnation, in order that it may erect levees, build 
and equip pumping stations, dams, reservoirs, wells and locks, 
for protecting itself, citizens and sewer system from the over- 


flow and backwaters of the Mississippi River. 


CHAPTER 557, ACTS OF 1903. 


AN ACT to amend an act entitled “A bill to establish taxing 


districts in this State, and to provide means of local govern: 


233 


234) 


CHARTER OF THE CITY OF MEMPHIS.’ 


ment for the same,” being Chapter 11 of the Acts of 1879, and 
to authorize the City of Memphis to levy a special tax to pro-. 
tect itself, its streets, property and sewer system from the over- 
flowing and backwaters of the Mississippi River or Wolf River, 
and to provide for the payment and collection of said special 


tax. 


CHAPTER 362, ACTS OF 1903. 


AN ACT to amend an act entitled “An act to amend an act 
to establish taxing districts in this State, and to provide the- 
means of local government for the same, being Chapter 2 of the 
Acts of 1879, and the acts amendatory thereof, so as to au- 
thorize and empower the taxing districts and cities organized 
under said act to acquire, improve and maintain parks for the 
benefit of the public (so as to vest said taxing districts and 
cities with the power and authority to execute trust deeds upon 
park lands and other public property other than that acquired 
under said act, such trust deeds to secure the payments of 
any bonds and interest coupons issued under this act; and 
to authorize said taxing districts and cities to establish a sinking 
fund for the payment of the principal of said bonds at their 
maturity, passed March 27, 1899, and being Chapter 142 of the 
Acts of 1899), so as to authorize and empower said taxing 
Gistricts or cities to levy a special park tax of not exceeding 


twenty cents on the one hundred dollars for any one year. 


CHAPTER 366, ACTS OF 1903. 


AN ACT to be entitled an act to amend an act “To establisn 
taxing districts in this State, and to provide the means of local 
government for the same,” being Chapter 11 of the Acts of 1879, 
ie) as to authorize such taxing districts to regulate and control 
the charge of certain public utilities, companies and corpora- 
tions, now or hereafter operating within such taxing districts,. 
and to fix the succession of the office of Mayor and Vice-Mayor, 


in the event of a vacancy in either one or both of these offices; 


CHARTER OF THE CITY OF MEMPHIS. 


and to abolish the office of Chairman of the Board of Public 
Works; and to permit the Board of Fire and Police Commis- 
sioners to make contracts in all cases of actual emergency, 
where the amount of said contract does not exceed the sum of 
one thousand ($1,000) dollars, and to vest the Legislative Council 
with the power to determine in what cases, and to what extent, 
the city ordinances, when passed by the City Council, shall be 
published; and to empower the Board of Fire and Police Com- 
missioners to fix and to regulate the scale of salaries of the 
officers of-the Fire and Police Department, and to fix the rank 
and number of such officers, and to amend Section 1 of Chapter 
172 of the Acts of 1895, and Section 4 of Chapter 84 of the Acts 
of 1893, and Section 1, Chapter 19, Acts of 1899, prohibiting the 
City of Memphis from levying more than six hundred thousand 
($600,000) dollars of taxes for any one year within the original 
territory of such city,'so as to provide that the gross levy for 
general purposes shall not exceed one million one hundred thou- 
sand ($1,100,000) for the entire City of Memphis, and to appor- 
tion the same and to establish the office of Tax Assessor and 
his assistant for such taxing district, and to fix the duties of 
same and to fix their compensation and bond, and to provide a 
Board of Equalization to revise.assessments made by such As- 
sessor; and to amend Section 14, Chapter 11 of the Acts of 1879, 
and Section 2 of Chapter 149 of the Acts of 1901, so as to pre- 
vide for the election of the City Attorney in cities and taxing 
districts having a population of sixty thousand (60,000) or more, 
according to the Federal census of 1890, or of any subsequent 


Federal census. 


CHAPTER 339, ACTS OF 1903. 

AN ACT to amend Chapter 32 of the Acts of 1899 of. Tennes- 
See, being an act entitled “An act to authorize and empower the 
taxing districts, cities and towns of this State, having a popu- 
lation of 60,000 or- more, according to the Federal census of 1890, 


or any subsequent Federal census, to build, purchase or acquire 


235 


236 


CHARTER OF THE CITY OF MEMPHIS. 


control of in.any manner, and to extend a system of waterworks. 
to be maintained and operated for the benefit of such taxing 
districts, cities and towns and their inhabitants, and to issue 
bonds of whatever character, and to make such mortgages, guar- 
antees, contracts and agreements of whatever nature that may 
be necessary or expedient for the carrying out of the. purposes 
aforesaid, and to authorize any water company supplying such 
taxing district, city or town and the inhabitants with water, 
to sell its plant and property to such taxing district, city or 
town, and to authorize the stockholders of such water company 
to sell their stock to such taxing district, city or town, and 
take in exchange therefor the bonds of such water company, and 
to make such other contract or agreement whereby such taxing 
district, city or town shall acquire ownership or control of such 
waterworks aS may be agreed upon, and to authorize such tax- 
ing district, city or town, after acquiring ‘control of such water 
works, to establish regulations for the jnereuien and manage- 
ment thereof,’ so as to authorize and empower such taxing dis- 
tricts, cities‘ and towns to issue their negotiable bonds to an 
amount: not exeeeding $3,500,000 for waterworks purposes;* and 
to provide moneys for the payment of principal and interest of 
such bonds out of the revenues from said waterworks and by 
taxation, and repealing inconsistent provisions of said Chapter 


32 of the Acts of 1899. 


CHAPTER 155, ACTS OF 1903. 


A BILL to repeal Chapter 149 of the Acts of the General 
Assembly of the State of Tennessee, passed April 18, 1901, and 
approved April 22, 1901, providing for the appointment and 
discharge of certain officers and employes of the City of Mem- 
phis, by the Mayor, aa conferring upon the Legislative Council 
of the city the- power of fixing the compensation of the Presi- 
dent of the Board of Health and his assistants and department. 


officers. 


CHARTER OF THE CITY OF MEMPHIS. 


CHAPTER 172, ACTS OF 1905. 
SENATE BILL NO. 22. 


AN ACT entitled “An act to amend the charter of the City of 
Memphis, which said charter is to be found in an act to estab- 
lish taxing districts in this State, and to provide the means of 
local government for the same,’ approved January 31, 1879, 
and acts amendatory thereof, so as to empower and direct the 
Legislative Council of the City of Memphis to issue bonds to 


erect an electric lighting plant and gas plant. 


CHAPTER 54, ACTS OF 1905. 
SENATE BILL NO. 162. 


A BILL to be entitled “An act to amend an act entitled ‘An 
act to establish taxing districts in this State, and to provide 
the means of local government for the same; the same being 
Chapter 11 of the Acts of 1879, and all the acts amendatory 


thereof, constituting the charter of the City of Memphis, so as— 


“1. That, among other things, to add two more members to 
the Board of Fire and Police Commissioners, and to provide for 


the temporary appointment of same. 


““2. To add two more members to the Supervisors of the 
Board of Public Works, and to provide for the temporary ap- 


pointment of same. 


“3. To more clearly define the powers and duties of the 


Mayor. 


““4. To set forth the powers and duties of the Legislative 


Council. 


“5. To provide a method of letting city contracts and fran- 


chises. 


““6. To provide for the election of City Engineer and other 


officers not named. 


237 


238 


CHARTER OF THE CITY'OF MEMPHIS. 


“«7 To provide for a City Court and a Judge thereof, define 


his duties and fix his compensation. - 
“<8 To provide’ for'a Clerk of such City Court. 


““9. To set forth and define the duties and powers of the Fire 


and Police Commissioners. 


“10. To provide for the election of the Chief of the Fire 


and Police Departments. 


“*11. To provide for the reorganization of the Fire and Po- 
lice Departments by the introduction of the merit system of civil 
service. 


“12. To abolish the office of City Secretary. 


“*13. To provide for a City Register, to define his duties and 


fix his compensation, and give him an assistant. 
“14. To provide for a City Attorney and assistant. 
“15. To change the date of holding city elections. 


oe hOi =a O. provide for the systematic examination of City Ac- 


countants. 


“17. To provide for the removal of Mayor, Vice-Mayor or any 


member of the Council in certain cases. 


“18. To provide for the separate sittings of the Supervisors 
of the Board of Public Works and the Board of Fire and Police 


Commissioners, and the organization of said separate bodies.’ ” 


CHAPTER 13, ACTS OF 1905. 


AN ACT to cede to the United States exclusive jurisdiction 
of the strip of inne immediately north of and adjoining the United 
States Marine Hospital Reservation, in the City of Memphis, 
County of Shelby, State of Tennessee, conveyed by the City of 
Memphis by deed dated September 19, 1904. 


CHARTER OF’ THE CITY OF: MEMPHIS. 


CHAPTER 56, ACTS OF 1905. 

AN ACT to amend an act entitled “An act to establish taxing 
districts in this State, and provide means of local government 
for same,” the same being Chapter 11 of the Acts of 1879, and 
all amendments thereto, so as to provide that the Trustee ot 
Shelby County shall collect and disburse the current and delin- 
quent taxes of the City of Memphis, and to provide for his com- 
pensation therefor; and requiring him to give bond, and to fur- 
nish all clerical assistance; to vest in such city the full power 
to fix the time of payment of current taxes, and to enforce such 
measures aS may be necessary or expedient for the collection 
of its delinquent taxes, and to repeal Chapter 301 of the Acts of 


1899. 


CHAPTER 164, ACTS OF 1905. 

A BILL to be entitled “An act to amend an act passed Feb- 
ruary 3, 1905, entitled ‘An act to amend an act entitled “An act 
to establish taxing districts in this State, and to. provide means 
of local government for the same,” etc., so as to authorize the 
Legislative Council to close streets and alleys for the purpose 
of providing a site for a union passenger station, and to convey 
said streets and alleys, when closed, to a railroad terminal cor- 


2.33, 


poration. 


CHAPTER 195, ACTS OF 1905. 

AN ACT to levy and provide for the collection of taxes within 
taxing districts and cities having a population of 100,000 and 
upwards, according to the Federal census of 1900, or any subse- 
quent Federal census, for the purpose of acquiring, constructing 


and maintaining parkways, boulevards and parks. 


CHAPTER 251, ACTS OF 1905. 
A BILL to be entitled “An act to amend so much of Section 1 
of the Acts of 1879, Chapter 84, approved March 13, 1879, estab- 
lishing taxing districts to regulate, control and suppress gaming 


houses.” 


239: 


‘240 


CHARTER OF THE CITY OF MEMPHIS. 


CHAPTER 321, ACTS OF 1905. 
AN ACT to repeal Sections 2 and 3 of an act entitled “A bill 


to be entitled ‘An act to amend an act entitled “An act to pro- 
vide for the construction, repairing and buying of turnpike, 
macadamized and graded roads, gravel roads,”’’ passed March 
23, 1883, Chapter 167, and to amend an act entitled ‘An act . 
to provide for the construction, repairing and buying of turn- 
pikes, macadamized and graded gravel roads,’ passed April 10, 
1893, Chapter 177; so as to change the rate of taxes for said 
purpose, and for the expenditure of the same,” being Chapter 3 


365 of the published. Acts of 1903, passed April 13, 1903. 


CHAPTER 340, ACTS OF 1905. 


AN ACT to authorize incorporated Boards of Education of 
public sohools in cities and taxing districts of 100,000 inhabitants 
or over, according to the Federal census of 1900, or any subse- 
quent Federal census, to issue bonds for certain school pur- 


poses. 


CHAPTER 345, ACTS OF 1905. 


A BILL to be entitled “An act to amend an act entitled ‘An 
act to establish taxing districts in this State, and to provide the 
means of local self-government for the same, the same being 
Chapter 11 of the Acts of 1879, and all the acts amendatory 
thereof, constituting the charter of the City of Memphis,’ so as 
to provide a uniform rate of city taxation.on real and personal ' 


property.” 


CHAPTER 41, ACTS OF 1907. 
HOUSE BILL NO. 294. 
AN ACT to authorize incorporated Boards of Education of 
public schools in cities and taxing districts of 100,000 inhabitants 
or over, according to the Federal census of 1900, or any future 


census, to issue bonds for certain school purposes. 


CHARTER OF THE CITY OF MEMPHIS. 


241 


CHAPTER 87, ACTS OF 1907. 
SENATE BILL NO. 225. 

AN ACT to amend an act entitled “An act to provide for a 
more efficient management of the public schools in taxing dis- 
tricts where there is an incorporated system of public schools,” 
passed February 27, 1883, and approved March 3, 1883, and the 


amendment thereof, passed March 5, 1891, and approved March 


12, 1891, so as to provide for the compensation of the President, — 


Commissioners and the Chairman of the Committee on Build- 
ings and Grounds; and to provide that the tax levied for school 
purposes shall be a special tax, and to provide that the salary 


of the Superintendent shall not exceed $3,600 per annum. 


CHAPTER 184, ACTS 1907. 
SENATE BILL NO. 289. 

AN ACT to modify and change in certain respects the form of 
government of the City of Memphis by abolishing certain mu- 
nicipal officers, departments and agencies, and creating others; 
to alter and change some of its powers and to create others; 
to amend its existing charter or charters, or acts of the General 
Assembly, under which it is organized and exists as a munici- 
pality, so as to continue its existence, with a more efficient form 
of government, and with powers altered and enlarged, so as to 
Secure and promote better government and administration, and 
to amend an act entitled “An act to establish taxing districts 
in the State, and to provide the means of local government for 
the same,” being Chapter 11, Acts of 1879, and all acts amend- 
-atory thereof; and also to amend Chapter 54 of the Acts of 1905, 
entitled “A bill to be entitled an act to establish taxing districts 
in this State, and to provide the means of local government for 
the same,” the same being Chapter 2 of the Acts of 1879, and 
all acts amendatory thereof, constituting the charter of the City 
of Memphis; and to better and perfect the charter of said City 
of Memphis, created by the acts of Assembly aforesaid. 


The above act was held unconstitutional by the Supreme Court. 


242 


CHARTER. OF THE CITY OF MEMPHIS. 


CHAPTER 202. 
HOUSE BILL No. 150. 

AN ACT to enable the Boards of Health to have better control 
of and to facilitate the inspection of milk offered for sale within 
taxing districts and cities having a population of one hundred 
thousand and upward, according to the Federal census of 1900, 
or any subsequent Federal census, and to provide for the Boards 
of Health to issue permits for the production or sale of milk, 
to provide for the revoking of said permits, and to fix a fee to be 
charged for said permits; to empower the Boards of Health to 
fix the standard of milk and its products, and to make it a mis- 
demeanor to sell milk and its products of lower grade than said 
standard; and to empower the Boards of Health to make and 
enforce rules and regulations with regard to the sale of milk and 


its products. 


CHAPTER 311. 
SENATE BILL NO. 332. 
AN ACT to authorize the City of Memphis to convey certain 
alleys to the County of Shelby for the purpose of erecting a 


courthouse thereon. 


CHAPTER 376. 
HOUSE BILL NO. 963. 
AN ACT to amend an act entitled “An act to provide for a 
more efficient management of the public schools in taxing dis- 
tricts where there is an incorporated system of public schools,” 


passed February 27, 18838, and approved March 3, 1883. 


CHAPTER 198, ACTS 1907. 
AN ACT entitled an act to repeal Chapter 345 of the Acts of 
the General Assembly of 1905, the same being House Bill No: 
797, entitled “An act to amend an act entitled an act to establish 


taxing districts in the State, and to provide the means of local 


CHARTER OF THE CITY OF MEMPHIS. 


self-government for the same, the same being Chapter 11 of the 
Acts of 1879, and all the acts amendatory thereof, constituting 
the charter of the City of Memphis, so as to provide a uniform 


rate of city taxation on real and personal property. 


; 
CHAPTER 246, ACTS 1907. 
AN ACT to authorize the City’ of Memphis to issue bonds 
to an amount not exceeding $600,000 for the purpose of refunding 
such part of its bonded indebtedness as shall mature during the 


year 1907. 


CHAPTER 7, ACTS 1907. 

AN ACT to levy and provide for the collection of taxes within 
taxing districts and cities having a population of 100,000 and 
upward, according to the Federal census of 1900, or any subse- 
quent Federal census, for the purpose of acquiring, constructing 


and maintaining parkways, boulevards and parks. 


CHAPTER 341, ACTS 1907. 

AN ACT to empower municipalities having a population ex- 
ceeding 100,000 inhabitants, by the Federal census of 1900, or 
any subsequent Federal census, to open, extend, widen, grade, 
pave, macadamize or otherwise improve streets, alleys and high- 
ways; to levy and collect special taxes and local contributions 
on real estate abutting the same; to authorize the issuance of 
certificates of indebtedness to pay for the same; to provide for 
the redemption of such certificates; and to authorize the crea- 


tion of improvement districts. 


CHAPTER 243, ACTS OF 1909. 
AN ACT entitled an act to amend Chapter 166 of the Acts of 
1899, being entitled “An act to amend Chapter 167 of the Acts 
of 1883, and Chapter 1 of the Acts of 1891, and Chapter 10 of 


243 


244 


CHARTER OF THE CITY OF MEMPHIS. 


the extraordinary session of 1893, so as to provide for the ex- 
penditure of the turnpike, highways and bridge taxes collected 
in suburban districts annexed to any taxing district organized 
under the Acts of January 29, 1879,’ and any subsequent amend- 


ments thereof. 


SENATE BILL NO. 342, ACTS OF 1909. 
EXTENDING CITY LIMITS. 
AN ACT entitled “An act to extend and change the corporate. 
limits of the City of Memphis, in Shelby County, Tennessee.” 


CHAPTER 480, ACTS OF 1909. 
DRAINAGE THROUGH PRIVATE PROPERTY. 

A BILL to be entitled an act to amend Chapter 11 of the Acts 
of 1879, entitled “A bill to establish taxing districts'in this 
State, and to provide the means of local government for the 
same,” approved January 31, 1879, and all acts amendatory 


thereof. 


CHAPTER 374, ACTS OF 1909. 
| COMMUNICABLE DISEASE HOSPITAL. 

A BILL to be entitled an act to amend an act entitled an act 
to establish taxing districts in this State, and to provide the 
means of local government for the same, being Chapter 11 of 
the Acts of 1879, and all the acts amendatory thereof, constitut- 
ing the charter of the City of Memphis, so as to authorize the 
legislative body, or agency which shall succeed to the duties and 
function of said Legislative Council, to levy a special tax for 
the purpose of establishing a hospital in said City of Memphis 
for the treatment of communicable diseases, and to provide for 


the collection of the same. 


HOUSE BILL NO. 810, ACTS OF 1909. 
AN ACT to be entitled an act to amend an act to establish 
taxing districts in this State, and to provide the means of local 


self-government for the same, being Chapter 11 of the Acts of 


CHARTER OF THE CITY OF MEMPHIS. 


245 


nn Ss 


1879, and to amend Chapter 366 of the Acts of 1903, and espe- 
cially Section 3 and Subsections 4 and 5 of said Act of 1903, 
and all other acts amendatory of said Chapter 11 of the Acts 
- of 1879, so as to confer on the Tax Assessor of the City of Mem- 
phis the right and power to assess the ad valorem tax on mer- 
chants and others, and all other ad valorem taxes which are now 
and have been assessed by the County Court Clerk of Shelby 
County, and to give said Tax Assessor power to administer oaths 
with respect to assessments and valuations of property for taxa- 
tion, and to give him $4,000.00 per year, payable in monthly 
installments, as a compensation in the room and stead of his 
salary of $3,000.00, and to make his assistant’s salary $1,500.00 
in room and stead of his salary of $900.00, and especially to 
amend Section 3 and Subsections 4 and 5 of said Chapter 336 of 
the Acts of 1903. 


CHAPTER 356, ACTS OF 1909. 
| BONDS FOR POLICE STATION. 

A BILL to be entitled “An act to amend an act entitled ‘An 
act to establish taxing districts in this State, and provide means 
of local government for the same (the same being Chapter 11 
of the Acts of 1879), and all acts amendatory thereof, so as to 
authorize the City of Memphis to issue two hundred and sixty 
thousand dollars ($260,000) of bonds for the purpose of erecting 
a police station and an engine house in said city, and of tearing 
down an old engine house, and to declare the manner in which 
said bonds shall be issued and disposed of, and the manner in 
which the proceeds of said bonds shall be kept and paid out, and 
the said police station and engine house erected, and the old 
engine house torn down, and to provide for the payment of 


bonds and the interest thereon.” 


CHAPTER 238, ACTS OF 1909. 
AN ACT to authorize incorporated Boards of Education of 


public schools in cities and taxing districts of 100,000 inhabitants 


246 


CHARTER OF THE CITY OF MEMPHIS. 


or over, according to the Federal census of 1900, or any future 


census, to issue bonds for certain school purposes. 


CHAPTER 587, ACTS OF. 1909. 
STREET IMPROVEMENT BONDS. 

A BILL to be entitled an act-to amend an act entitled ““An 
act to establish taxing districts in this State, and to provide 
means of local government for the same” (the same being Chap- 
ter 11 of the Acts of 1879), and all amendatory acts, so as to: au- 
thorize the City of Memphis to issue one million ($1,000,000.00) 
dollars of bonds for the purpose of improving streets, alleys and 
highways of the City of Memphis, and for building sewers in 


said city. 


CHAPTER 141, ACTS OF 1909. 
AN ACT to authorize the City of Memphis to issue bonds in 
an amount not exceeding $1,000,000 for the purpose of acquiring 
property for park purposes, and completing the system of parks, 


parkways and boulevards of the City of Memphis. 


CHAPTER 153, ACTS OF 1909. 

AN ACT to-regulate, in cities of more than 75,000 inhabitants, 
according to the Federal census of 1900, or any subsequent cen- 
sus, the licensing of persons, firms and corporations conducting 
or managing a business for installing any wires or electrical 
apparatus to convey electrical current for light, heat or power; 
and to provide for a Board of Electrical Examiners and Super- 
visors for said purpose, and to prevent the doing of such elec- 
trical work by persons, firms or corporations other than those 
licensed in accordance with the provisions of this act, and to 


provide a penalty for the violation thereof. 


CHARTER OF THE CITY OF MEMPHIS. 


ADDENDA 


CHAPTER 335, ACTS OF 1909. 

AN ACT entitled “An act to grant certain school privileges to 
children residing within one-half mile of the limits of the 
City of Memphis.” 

Section 1. Hereafter children being within the school age now 
required by law and residing within one-half a mile of the limits 
of the City of Memphis as said limits now are or may be here- 
_ after fixed shall be received in and have the right to attend, free 
of tuition, the public schools inside the City of Memphis nearest 
to their respective places of residence for five years from the 
date of passage of this act. 

Passed April 26, 1909. 


CHAPTER 458, ACTS OF 1909. 

AN ACT to transfer to the School Commissioners of the Board 
of Education of the City of Memphis all of the public school 
property and the public school funds in the hands of the Dis- 
trict School Directors, or of the County Board of Education, 
situated within the territory annexed to the City of Memphis 
during the present session of the Legislature; to provide for 
the management and conduct of the district schools in the terri- 
tory so annexed; and for the payment of tuition fees by chil- 
dren residing in said annexed territory who may attend the 


public schools of the City of Memphis. 


Section 1. All of the public schools and public school build- 
ings, lands, leases, lots and other school property of every char- 
acter situated within the territory annexed to the City of Mem- 
phis by an act of the Legislature passed on the 27th day of Few- 
ruary, 1909, being Senate Bill 342, is hereby granted and trans- 
ferred to the School Commissioners or the Board of Education of 


the City of Memphis, to be held and used for educational pur- 


247. 


248 


CHARTER OF THE CITY OF MEMPHIS. 


poses; but said School Commissioners or Board of Education shall 
not take possession or control of said school property until Sep- 
tember ist, 1909. 


Sec. 2. All of the school funds in the hands of the School 
Directors of civil districts, or of the School Board of Shelby 
County belonging to the territory annexed to the City of Mem- 
rhis by the act hereinbefore mentioned that shall be and remain 
in their hands or subject .to their control on the 1st day of 
September, 1909, shall be turned over to the Board of Education 
of the said City of Memphis on that date; and where only a part 
of the said civil district, or any civil district, has been annexed 
aforesaid, the school funds shall be divided between the Board 
of Education of the City of Memphis. and the Shelby County 
School Board, in proportion to the scholastic population within 
and without the part so annexed, the scholastic census of each 
part to be taken by the School Commissioners or Board of Edu- 


cation of the City of Memphis. 


CHAPTER 325, ACTS OF 1909. 

AN ACT to be entitled “An act to authorize the City of Memphis 
to create a fund for the purpose of pensioning members of the 
Police and Fire Departments of the city, and to compensate 
the members of said departments, or their families, in case 
they are killed or injured in the discharge of their duties, and 


to levy a special tax therefor. 


Section 1. ‘The City of Memphis is hereby empowered to create 
a fund for the purpose of pensioning members of the Police and 
Fire Departments of the city, and to compensate members of 
said departments, or their families, in case they are killed or 
injured in the discharge of their duties as members of said de- 


partment. 


Sec. 2. The city shall have power, by ordinance, to provide 
the cases in which said pensions shall be paid, together with the 


amounts to be paid said members. 


CHARTER OF THE CITY OF MEMPHIS. 


249 


Sec. 3. The city shall have power, in cases where any member 
of said departments shall have been injured in the discharge 


of his duty, to make provision for his compensation. 


Sec. 4. The city shall have power, in cases where any member 
of said departments shall have been killed in the discharge of 


his duty, to make provision for the compensation of his family. 
Sec. 5. This act is mandatory upon the city. 


Sec. 6. The city shall levy a special tax of not more than one 
cent on the $100 of taxable property for the purpose of creating 
a. fund with which to meet the expenses and carry out the pro- 


visions of this act. 


” 


DIGEST OF THE ORDINANCES 


OF THE 


CITY OF MEMPHIS, TENNESSEE 


Embracing all Ordinances passed up to and 
including August 31, 1909. 


CITY ORDINANCES. 


CHAPTER 6. 
ARTICLE I. 


WARD BOUNDARIES. 
Section 1. The City of Memphis is divided into twenty-two 


wards. The said wards are bounded as follows: 


First Ward—That portion of the city bounded on the south 
by the alley between Exchange and Market streets, on the north 
and east by Bayou Gayoso, and on the west by Wolf River and 


the Mississippi River. 


Second Ward—That portion of the city bounded on the south 
by the alley between Adams and Washington streets, on the 
east by Bayou Gayoso, on the north by the alley between Ex- 
change and Market streets, and on the west by the Mississippi 


River. 


Third Ward—All that portion of the city bounded on the 
south by Madison street, on the east by Bayou Gayoso, on the 
north by the alley between Adams and Washington streets, and 


? 


on the west by the Mississippi River. 


Fourth Ward—All that portion of the city bounded on the 
south by Beale street, on the east by Hernando street (now South 
Third) from Beale street north to Bayou Gayoso, and thence 
by the bayou northward to Madison street, and on the west by 


‘the Mississippi River. 


Fifth Ward—All that portion of the city bounded on the south 
by Calhoun street and the south line of the South Memphis tract, 
on the east by SMAI feton street on the north by Madison street, 
and on the west by the Fourth Ward and South Rayburn boule- 


vard. 


Sixth Ward—All that portion of the city bounded on the south 


by Calhoun street, on the east by Causey (now South Rayburn) 


254 


CITY ORDINANCES. 


WARD BOUNDARIES. 


street, on the north by Beale street, and on the west by the 


Mississippi River. 


Seventh Ward—All that portion of the city bounded on the 
south by the south line of the South Memphis tract, on the 
east by Walnut and Dunlap streets, on the north by Madison 


street, and on the west by Wellington street. 


Eighth Ward—All that portion of the city bounded on the 
south by Madison street, on the east by Dunlap street, on the 
north by the track of the Memphis & Ohio (now L: &N.) rail- 


road, and on the west by Bayou Gayoso. 


Ninth Ward—All that portion of the city bounded on ine 
south by the First and Eighth Wards, on the east by Manassas 
street to Jackson avenue, Jackson avenue to Dunlap street, and 
Dunlap street to Memphis & Ohio (now L. & N.) railroad, on the 
north by Kerr (now Bethel) street if extended in a straight line 
from Wolf River to Manassas street, and on the west by the Mis- 


Sissippi River. 


Tenth Ward°’—All that portion of the Tenth Ward, as now 
established, lying west of the line commencing at the south 
line of the Fifth Ward, in the middle of Hernando (now South 
Third) street, running thence south with the middle of said 
street to the middle of Georgia street, thence east with the 
middle of Georgia street to the center of Dean (now South Third) 
avenue, thence south with the middle of Dean (South Third) 
avenue to Broadway, or Railroad avenue, thence west with 
Broadway or Railroad avenue, to Bayou Gayoso, thence south- 
west with said bayou to Iowa avenue, thence west to the Mis- 


sissippi River. 


2 Ordinance passed August 10, 1895. 


CITY ORDINANCES. 


255 


WARD BOUNDARIES. 


Eleventh Ward*—All that portion of the Tenth Ward as here- 
tofore constituted, lying east of a line along the middle of 
Hernando street (now South Third street), on the west; and 
bounded on the north by the south line of the South Memphis 
tract; on the south by Broadway (now Railroad avenue), and on 


the east by Walnut street. 


Twelfth Ward—Bounded on the north by Iowa avenue, or the 
south boundary line of the Tenth Ward, on the east by the east 
side of the Illinois Central Railroad (formerly Mississippi & Ten- 
nessee Railroad), on the south by the north line of Trigg avenue, 


on the west by the Mississippi River. 


Thirteenth nyarde bonded on the north by Broadway (or 
Railroad avenue), on the east by Mississippi avenue, on the 
south by north line of Trigg avenue, on the west by the east 
track of the Illinois Central Railroad (formerly Mississippi and 
Tennessee Railroad), or the east boundary line of the Twelfth 


Ward, and Bayou Gayoso. 


Fourteenth Ward*—Bounded on the north by the south side 
of Broadway (or Railroad avenue), on the east by the Kansas 
City, Memphis & Birmingham Railroad tracks, to Trigg avenue, 
if extended; on the south by north line of Trigg avenue, or the 
south boundary line of the City of Memphis as now exists (acts 
of 1909 extending limits not embraced), on the west by Mis- 


Sissippi avenue, or the east boundary line of the Thirteenth 
Ward. 


Fifteenth Ward*—Bounded on the north by Harbert avenue, 
on the east by Cooper street, or the east boundary line of the 
City of Memphis, on the south by a line which would be formed 


by the extension of Trigg avenue east to Cooper street, or the 


8 Ordinance passed August 10, 1895. 
4 Ordinance passed May 8, 1902. 


256 


CITY ORDINANCES. 


WARD BOUNDARIES. 


south boundary line of the City of Memphis, on the west by the 
Kansas City, Memphis & Birmingham Railroad tracks from 


Trigg avenue, if projected, in a northwesterly direction to South 


- Bellevue avenue; thence north with South Bellevue avenue to 


the point of beginning. 


Sixteenth Ward—Bounded on the north by Union avenue; on 
the east by west line of Cooper avenue; on the south by Harbert 
avenue, and on the west by Raleigh (now South Bellevue) 
avenue. And the lot on the northwest corner of McLean avenue 
and Union avenue, fronting 50 feet on McLean avenue and 200 


feet on Union avenue, is part of the Sixteenth Ward. 


Seventeenth Ward—Bounded.on the north by the Poplar 
boulevard, on the east by west line of Cooper avenue, on the 
south by Union avenue, on the west by a line along the center 
of Bellevue avenue, commencing at Poplar boulevard and run- 
ning south to Union avenue. Excepting the lot on the northwest 


corner of McLean avenue and Union.avenue, fronting 50 feet on 


» McLean avenue and 200 feet on Union avenue, which lot is 


part of the Sixteenth Ward. 


Eighteenth Ward—Bounded on the north by Union avenue, on 
the east by Raleigh (now South Bellevue) avenue, on the south 
by south side of Broadway (or Railroad) and the track of the 
Kansas City, Memphis & Birmingham Railroad, and on the west 
by Walnut street. 

Nineteenth Ward—Bounded on the north by Summer avenue 
(or the Speedway), on the east by Mhoon avenue (now North 
and South Bellevue boulevard); on the south by Union avenue, 


on the west by Dunlap street. 


Twentieth Ward—Bounded on the north by Summer avenue 
(or the Speedway), on the east by Cooper street, on the south 
by Poplar boulevard, on the west by Mhoon avenue (now North 


Bellevue), on the east by Cooper street, if projected. 


CITY ORDINANCES. 


257 


BONDS AND OATHS 


Twenty-first Ward—Bounded on the north by Vollentine ave- 
nue extended, or the north line of the City of Memphis; on the 
east by Cooper avenue extended, or the east boundary line of the 
City of Memphis; on the south by Summer street (or the Speed- 


way); on the west by Marley (now Ayers street) avenue. 


Twenty-second Ward—Bounded on the north by the extension 
of Vollentine avenue, if extended west in a straight line from 
Marley (now Ayers street) avenue to Wolf River, and being the 
north boundary line of the City of Memphis; on the east by 
Ayers street; on the south by the Ninth Ward and Summer 


street; on the west by Wolf River. 


ARTICLE 2. 
OFFICIAL BONDS AND OATH. 
Sec. 2. The officers of the city shall respectively execute bonds, 
with good security, for the faithful performance of their respec- 
tive duties, as now or hereafter required by ordinance, in the 


following sums: 


Members of the Board of Fire and Police Com- 


Me ey soak walk catec a whee oo Youu ete’s $20,000.00 


The Mayor, in his judicial capacity, before assuming 
such duties, $10,000.00—conditioned to:pay over to 
the trustee all fines and forfeitures, and all other 
moneys collected by him for the city, and for the 


faithful discharge of the duties of his office. 


_ Park Commissioners (3 members) each.............. 5,000.00 
Water Commissioner (3 members) each.............. 10,000.00 
Superintendent Water Department................... 25,000.00 
epetaryewWater. Departments. . oi... ci eee eu steecee oe 10,000.00 
Board of Education (5 members) each........... regen § 5,000.00 


The President of the Board of Education shall enter 
into a $5,000 bond additional. 
BeeyePALLOINGY “ioe... ck. ous. Pete eereune tase mes 10,000.00 


OF OFFICERS. 


258 


CITY ORDINANCES. 


BONDS AND OATHS: OF OFFICERS. 


City Court" Clerk... 4G Ges. eae ae ia aie agi eee 
City Tax Assessor ........ Mob ee ease boy ga dans eee 
City. Engineer: 0.0) oes. ec ed es Oe ee es ee 
City’ Register 0.6 ee oa 
City Tax Receiver: For general and special tax levy 
for each year; for the interest and sinking fund; for 
delinquent taxes: for licenses, rents, fines and all 
other venice. The amount to be fixed each year by 
the Legislative Council. 
The bank or banks designated as depositories of the 
city’s funds. Amount to be fixed each year. 
Gas Inspector (24 6660068 8. tee Sec be 
Building. Commissioner 2.4.05). et Pe 
Meat. INSpector «sie sie ee ve ovine wide o Sa o o eee ee 
Harness Maker. 2.5/0 2.002505 oe es oe bors tele 5 cee 
City: Paymaster i030 ee i ee 
Piumbing Inspector ...0.-. 5. i Feweehaeedy a 
Street. Commissioner’... 263 05 a a aie 
Superintendent City. Hospital ...<.::. 3.0.3. 235 eee 
Superintendent Board of Examiners of Steam En- 
gineers 4... oe 2 a ee ee ee ee 
Market. Master oo. 322 fica ee saree Geen ee 
Inspector of Weights and Measures..............0+208 
Register of Licenses and Privileges: ..:...4.... see ape 


Wharimaster:.c3.042. 020 Belk ee eee 


BOARD OF HEALTH. 


President of the. Board of Health: .. ...2..2.¢aeeeeee 
Superintendent of Garbage Department (each)....... 
Superintendent of Street Sprinkling (each).......... 
Food ‘Inspector en 2008 Co Le eee ee ee eee 
Secretary of the .Boatd ncn is |. dea 
Milk SINSpector haste re et sd + Bei she einer ee 


Sanitary: Officers (each) (3.2) 225 cles ce ee ee 


2,500.00 
5,000.00 
20,000.00 


10,000.00 


5,000.00 
10,000.00 
5,000.00 
1,000.00 
10,000.00 
500.00 
2,500.00 
5,000.00 


1,000.00 
1,000.00 
5,000.00 
2,500.00 
10,000.00 


2,500.00 
500.00 
500.00 
500.00 

1,000.00 
500.00 
500.00 


CITY ORDINANCES. 


259 


MISCELLANEOUS DUTIES OF OFFICERS. 


POLICE DEPARTMENT. 


ITER MS ee eT) ek aie Pe ie cele tee whe nile 5,000.00 
SII SOLODCIVER oo Se ele ve eee ee bacceens 2,000.00 
SIE ICO, (CAC) oe a ee ele ese nsse 2.500.00 
DCE ONICG. (CAC) 2... eee ee ce ee cae mes 1,000.00 
IRIN ATEN ier Sie. Sos a shu slave w Sec! eke Bivve ew eee otcs 500.00 
EO Scio ee ay esis occ t Se ce eisscewe es de 500.00 
MRIEOIMICICOINEOICE 0... cee cc sees se cet veee cone 500.00 
Turnkeys, Day and Night Station House Keepers, 

ERE Ss weit hele c cs cc usb alr eeecacce seca’ 500.00 

FIRE DEPARTMENT. 

IMO AFETUCDALLMECNt . 6. ec ce ccc ee ww see 10,000.00 
momintant Ciniets. Of Hire Department .-¢..........0.062'. 5,000.09 
meermeerasin rire Department .:..........ccccecccces 2,000.00 
MpemII Tie DCDATEMENE 2. ct. . c ce wc wees eee we 2,000.00 


All bonds of city officers shall be approved by the Attorney 
and the Mayor, and ratified by the Legislative Council, and, with 
the oaths of office, shall be filed with the Mayor before the officers 


enter upon the discharge of their respective duties. 


Sec. 3. All officers shall take the following oath before enter- 
ing upon the duties of their offices: 

“I do solemnly swear that I will support the Constitution of 
the United States, the Constitution of the State of Tennessee, 
the laws and ordinances of this City, and that I will faithfully 
demean myself while in office. So help me God.” 

The oath of office, with the official bond, when approved, shall 
be filed with the Mayor. 


ARTICLE 3. 
MISCELLANEOUS DUTIES OF OFFICERS. 
Sec. 4. All officers of the city shall attend the regular meetings 
of the Legislative Council; and any officer of the city desiring 


to be temporarily absent shall apply to the Mayor for leave of 


To attend 
Council meet- 
ings. 


260 


CITY ORDINANCES. 


MISCELLANEOUS DUTIES OF OFFICERS. 


Suspension 
for negli- 
gence or in- 
competence. 


Removal for 
extortion, etc. 


Unauthor- 

ized accounts 
against city, 
removal for. 


Removal for 
lending city 
property. 


absence, which may, in the discretion of ‘the Mayor, be granted, 
in writing, for any time not exceeding thirty days; and any 
officer being absent without the written permission of the Mayor 
shall thereby vacate his office, which shall be filled as in case of 


any other vacancy. 


Sec. 5. Any officer of the city violating any of his official obli- 
gations or being charged with culpable negligence or dereliction 
of duty, or with conduct inconsistent with his official character 
and duty, or with official incompetency, shall be suspended from 
office by the Mayor, who shall appoint a person to fill the office 
for the time being, and without unnecessary delay report the 
charges, with his action, to the Board of Fire and Police Com- 


missioners. 


Sec. 6. Every officer who shall refuse or willfully fail to per- 
form the duties imposed upon him by law or ordinance, or who 
shall, in his official acts, be guilty of any fraud, extortion, op- 
pression, or favoritism, or willful injustice, or for any satisfactory 
cause, shall be removed from office. The method of removal shall 
be by a vote of the Legislative Council, two-thirds of them vot- 


ing in the affirmative. 


Sec. is Any officcr or agent of the city who shall contract 
any account against the city unless in pursuance of the orders 
of the Legislative Council, shall be subject to removal from 
office, and the amount shall be charged up to his account and 


deducted from his salary or wages. 


Sec. 8. No officer shall loan out, or use on his own account, 3 
on any pretext, any money of the city in his hands, or, on 
any pretext, pledge or loan any of the property, notes, bonds or 
other securities of the city, except as ordered by the Legislative 
Council; and the doing of any of these things is hereby de- 


clared sufficient cause of removal. 


CITY ORDINANCES. 


261 


MISCELLANEOUS DUTIES 


Sec. 9. Every officer or agent of the city, on going out of 
office, shall deliver over to his successor, or to the Legislative 
Council, all books, papers, accounts, tools, instruments and 
everything pertaining to his office, and be entitled to a receipt 


therefor, if required. 


Sec. 10. Every officer or agent of the city shall, at all times, 
when requested, submit his books and official papers to the in- 
spection of the Mayor, or any member of the Legislative Council, 
or to any person or committee appointed or authorized by the 


Legislative Council to examine the same. 


Sec. 11. Every officer of the city shall render a report before 
the first meeting of the Legislative Council in each month, of 
all his official transactions, amount paid and received, etc., 
which shall be filed with the Mayor for presentation to the 
Legislative Council at its first regular monthly meeting; and 
these reports shall be made oftener when required by the Legis- 


lative Council. 


Sec. 12. Every officer or agent of the city, who receives any 
money of the city, shall, on each Monday in every week, unless 
otherwise ordered, pay over to the Trustee all such moneys so 
received by him, and he shall receive from the Trustee duplicate 
receipts therefor, one of which receipts shall be filed with the 


Mayor. 


Sec. 138. It shall be the duty of every chief of a department 
of the city government to submit, on the first day of every 
month, an approximate estimate of all articles needed in the 
department under his supervision for the current month, which 


shall be filed with the Mayor. 


OF OFFICERS. 


Retiring of- 
ficers to de- 
liver proper- 
Le ele. UG 
successor. 


Books and 
papers to be 
submitted to 
committee. 


Monthly re-° 
ports of 
officers. 


Money col- 
lected to be 
paid over 
each Monday. 


Monthly es- 
timates to be 
submitted. 


262 


CITY ORDINANCES. 


MAYOR’S DUTIES, POWERS, ETC. 


Appointment 
of officers. 


Meetings. 


ARTICLE 4. 
LEGISLATIVE COUNCIL. 

Sec. 14. It shall be the duty of the Legislative Council, as 
soon after every general election as practicable, or whenever a 
vacancy occurs, to elect or appoint all city officers or agents, 
which they are authorized by ordinances or otherwise to appoint 
or elect. | 

There shall be stated or regular meetings of the Legislative 
Council on the first Thursday after the first Monday of each 
month, and all called sessions of the same shall be at the in- 


stance of the Mayor. 


ARTICLE 5. 
MAYOR. 

Sec. 15. The Mayor shall, ex-officio, be a member of all the 
committees of the Legislative Council. He shall make all con- 
tracts authorized by the Legislative Council, unless otherwise 
ordered, and shall supervise their execution. He shall make 
known to the Legislative Council the wants and necessities of 
the city, from time to time, recommending such action and the 
adoption of such measures as the welfare of the city may de- 
mand. He shall supervise all the officers of the city, and shall 
see that all laws and ordinances are enforced. He shall suspend 
all delinquent officers or agents of the City government, report- 
ing such action to the Legislative Council, with his reasons for 
so doing. He shall have power at any time to call a special meet- 
ing of the Legislative Council. In case of the suspension or re- 
moval of any officer or agent of the city, he is authorized to 
employ a substitute until the Legislative Council, if it deem it 


necessary, shall act in the premises. 


Sec. 16. He shall have power to inspect such of the books, 
papers and records of the offices of the city as may in his opin- 


ion, be necessary to enable him to discharge the duties imposed 


CITY ORDINANCES. 


263 


MAYOR’S DUTIES, POWERS, ETC. 


upon him, and may call upon all officers of the city to furnish 
him, in writing, with any information connected with the re- 


‘spective offices. 


Sec. 17. He shall examine the assessment of property made 
by the assessors, and ascertain whether proper measures are 
taken for the collection of taxes.*. He shall cause all contracts 
with the city to be made out in writing, and executed as pro- 


vided in the law establishing this city. 


Sec. 18. He shall have full power, and it is hereby made his 
duty, to inspect all the works going on, from time to time, at the 
expense of the city, whether of building, paving, sinking or 
cleaning drains, opening or widening streets, or of any nature 
whatever. 

[All pardoning power for offenses tried before him shall be 


vested in him. ]? 


Sec. 19. It shall be his duty, from time to time, to make re- 
ports to the Legislative Council touching the condition of the 
public institutions of the city, and to recommend measures for 


their improvement. 


Sec. 20. It shall be his duty to countersign all warrants drawn 
upon the Trustee for accounts and claims, when such warrant 
specifies the date of issue, the name of the person to whom pay- 


able, and the fund to which it shall be charged by the Trustee. 


Sec. 21. When any process or notice shall be served on him 
in any legal proceeding against the city, or in which the city is 
a party, he shall immediately deliver the same, or a sufficient 
notice thereof, to the attorney, in order that the same may be 
attended to. 


1 Under Act of 1903 Board of Equalization is created. 
2 Chapter 54, Acts 1905, repeals clause in brackets. 


264 


CITY ORDINANCES. 


CITY ATTORNEY, DUTIES, ETC. 


Qualifica- 
tions. 


Official ad- 
vice. 


Prosecute 
and defend 
city suits. 


Draft deeds, 
contracts, etc. 


Make reports 
every four 
months. 


Docket of 
city cases. 


Draw ordi- 
nances, give 
opinions, at- 
tend Council 
meetings, etc. 


ARTICLE 6. 
ATTORNEY. 
Sec. 22. The Attorney shall be a licensed lawyer, and shall 
have resided in the city for at least two years next preceding his 


appointment. 


Sec. 28. He shall advise the officers of the city with reference 
to all official acts, on request; and he shall give written opinions, 
when required so to do by the Mayor or Legislative Council, or 


by either of them. 


Sec. 24. He shall prosecute or defend, as the case may require, 
all suits to which the city may be a party or in which the city 
may be interested, in any court of record in the city, or in 
Shelby county, or in the Supreme or Federal Courts of Ten- 


nessee. 


Sec. 25. He shall draft deeds and contracts, and other in- 
struments of writing wherein the city may be interested, when 
required to do so by the Legislative Council, and shall also draft 
all official bonds of officers, which, when approved, shall be filed 


with the official records. 


Sec. 26. He shall report every four months, or oftener if re- 
quired, to the Legislative Council, the condition of the various 
suits and city business in his hands or control, and shall pay to 


the Trustee promptly all moneys collected by him for the city. | 


Sec. 27. He shall keep an indexed book, showing the condition 
of all suits to which the city is a party, or in which it is in- 
terested, said book to be open at all times to the inspection of the 


Mayor and members of the Legislative Council. 


Sec. 28. He shall draw up any ordinance that he may be 
called upon to draw by the Legislative Council; give his opinion 


in writing, when so required, upon any and all questions of law 


CITY ORDINANCES. 


CITY ENGINEER, 


submitted to him, and personally attend any meeting of the 
Legislative Council, or committees appointed by the same, when 


so required. 


Sec. 29. He shall, upon the expiration of his term of Office, 
or removal therefrom, forthwith, on demand, deliver to his suc- 
cessor in office all papers, deeds or contracts in his hands, be- 
longing to the city, or delivered to him by any officer of the city, 
and all papers in actions or proceedings prosecuted or defended 
by him, and then pending or undetermined, together with his 


books of record thereof and the proceedings therein. 


ARTICLE 7. 
ENGINEER. 

Sec. 30. There shall be an Engineer, who, besides performing 
the duties assigned him in the act establishing this city, shall 
make out plans, specifications and estimates for all public work, 
when ordered by the Legislative Council. He shall write all 
contracts pertaining to his department, unless otherwise ordered, 
upon all accepted bids; and the contracts, when written out, 
shall refer to and make part of them, the plans and specifications 
relating hereto: and in said contracts the exact cost of the 
work shall be designated, if practicable, and in every instance a 
clause shall be inserted to the effect that the same is entered 
into subject to the right of the Engineer and Mayor or Legis- 
lative Council to suspend such work for any failure on the part 
.of the contractor, and that such suspension shall not affect the 
right of the city to damages or penalties incident to such failure. 
No contract shall be binding until it is executed according to 


the act establishing the city. 


Sec. 31. The Engineer shall perform all the surveying and 
engineering that may be ordered by the Legislative Council or 
by the Mayor. He shall also furnish, whenever called upon by 


any builder or real estate owner, free of charge, the corners of 


265 


DUTIES, ETC. 


Deliver all 
papers, etc., 
to successor. 


Draw plans 
and _specifica- 
tions and 
make esti- 
mates. 


Surveying 
and engi- 
neering. 


Furnish 
street cor- 
ners and 
grades. 


266 


CITY ORDINANCES. 


CITY ENGINEER, DUTIES, ETC. 


Superintend 


all 


public 


works. 


Shall have 
suitable of- 
fice and keep 


all 


maps, 


plans, ete. 


Shall be sup- 


plied by 


Council with 
instruments. 


Make month- 


ly 


reports. 


streets and alleys, and the true grade and line of said streets. 
and alleys where grades and lines have been fixed and estab- 


lished by the Legislative Council. 


Sec. 32. The Engineer shall superintend all the public works. 
requiring his attention, whether done by contractors or by the: 
city laborers or workhouse convicts; and the power is hereby 
vested in the Engineer and the Mayor, or either of them, to. 
suspend such work upon a failure of any contractor to perform 
his contract, and in other cases whenever the interests of the 
city plainly require it, which said suspension of work shall be 
communicated by the party making it to the Legislative Council - 
at their next meeting thereafter, together with the reasons for — 


such suspension, in writing. 


Sec. 33. The Engineer shall be furnished with a suitable oficer 
in which he may be found at regular and appointed hours daily. 
In his said office he shall carefully keep all maps, plans, surveys, 
estimates, books, instruments and other things pertaining to his. 
office; and shall keep in convenient form and in books, copies. 
of all contracts made by the Legislative Council, as also copies. 
of all important communications made to or by him, from or to 
other departments of the city, with a systematic account of his. 


official transactions. 


Sec. 34. The Legislative Council shall, from time to time, 
purchase and deliver to the Engineer, to be by him held for the 
city, such instruments, books, stationery and material as the 
Legislative Council may determine to be necessary to a proper 
discharge of the duties of his office. He shall make monthly 
reports to the Legislative Council of the work going on under 
his supervision and contrel, and shall be present at the regular 


meetings of the Legislative Council. 


CITY ORDINANCES. 267 
CITY ENGINEER, DUTIES, ETC. 
Sec. 35. He shall appoint, from time to time, with the advice Employ such 
assistants as 
and consent of the Legislative Council, such assistants and em- phere 


ployes as may be deemed necessary to the proper execution of 
the duties of his office; and the compensation of said assistants, 
etc., shall be fixed by the Legislative Council, and he may retain 
or discharge such assistants at pleasure, unless otherwise or- 


dered by the Legislative Council.* 


Sec. 36. When the grade of any street, alley or avenue has 
been fixed by the Legislative Council of the city, a profile of such 
street, alley or avenue, showing the grade established, shall be 
deposited in the Engineer’s office, and he shall publish for thirty 
days, in a daily newspaper, the fact that such grade of such 
street, alley or avenue has been filed as herein required, and 
notify all parties interested in property on such street, alley 
or avenue to examine the profile, and to present any objection 
they may have thereto, in writing, within thirty days, to the 
Legislative Council. [And at or after the expiration of said 
period of thirty days, said Council shall finally act upon the 
question of adopting or rejecting such profile, or may then modify 


or change the same, as it may see fit.]? 


Sec. 37. When any work or repairs is ordered or required to 
be done by the Engineer on any bridge, street or sidewalk, or 
upon any public property or buildings, the Engineer shall hire 
the required laborers or mechanics at the lowest price for which 
he can get them; provided, always, that the amount paid shall 
be below the maximum fixed by the Legislative Council; pro- 
vided, further, that whenever an emergency arises in which the 
Engineer is required, for the protection of public interest, to 
make immediate repairs where the outlay will not exceed one 


hundred dollars, he shall submit to the Mayor and Chairman of 


1 The power to employ and discharge is placed in the Legislative Council by 
Chapter 54, Acts 1905. 


2 In brackets amendment passed June 14, 1894. 


Shall give 
public notice 


of estab- 


lished grades. 


Shall employ 


necessary 


la- 


bor for re- 


pairs on 
streets, 
bridges, 


ete. 


268 


CITY ORDINANCES. 


BOILER INSPECTOR, DUTIES, ETC. 


General su- 
pervision of 
streets. 


Control and 
manage 
workhouse 
convicts and 
employ work 
hands. 


City carts, 
mules, etc., 
under his 
charge. 


Monthly 
reports. 


Steam boiler 
inspector. 


Shall exam- 
ine boilers, 
fire fronts, 
Spark arrest- 
ers, ete. 


the Board of Public Works a statement of the required work, 


and with their approval, in writing, he may proceed to have: 
it done. He shall have the general care and supervision of the 


streets, alleys, lanes, bayous, promenades and other public 
grounds of the city, and of all bridges and gutters in the city,,. 


to keep the same in good repair. 


Sec. 38. 


house convicts and laboring force of the city, and, together with 


The Engineer shall control and manage the work- . 


the Mayor and Chairman of the Board of Public Works, may 
employ such a working force as may be necessary to do the: 
work of the city, and shall have the control and management 
of the city mules, carts, tools, etc., except such mules, carts,,. 
tools, etc., as belong to the Sanitary Department of the city. He 
shall report to the first meeting of the Legislative Council in 
each month his official transactions, work done, work needed, 
money expended in each ward of the city, and the general con- 


dition of his department. 


ARTICLE 8. 
_ BOILER INSPECTOR: 
Sec. 39. [The Mayor shall, with consent, of Council, appoint. 
some suitable person for the term of two years, who]? shall make: 
an inspection annually, or more frequently, if called upon to do: 
so by the owner, of all steam boilers and their apparatus used. 


in the city for any purpose whatever.* 


Sec. 40. [The Boiler Inspector shall examine nettings, fire- 
fronts and spark arresters on all engines used inside of the city,. 
and he shall be compelled to make such examination at least once. 


a month.|*’ The said Inspector shall keep a record of the con- 


3 In brackets passed April 10, 1890. The Legislative Coxzncil now elects the 


Boiler Inspector, Acts of March 28, 1903. 
4 Passed February 5, 1885. 
5 In brackets passed January 20, 1887. 


CITY ORDINANCES. 


269 


BOILER INSPECTOR, DUTIES, ETC. 


dition in which he finds every boiler which he may test, and 
shall give a certificate to the owner that he has tested the same, 
giving in said certificate the number of pounds warm water pres- 
sure to which the test was carried, which shall not exceed 180 
pounds; and also the number of pounds of steam he thinks it 
safe for the said boiler to be allowed to generate. And any 
engineer convicted of carrying more steam than is allowed in 
the said certificate shall be guilty of a misdemeanor, and, upon 
conviction thereof before the Police Court, shall be fined not less 


than $1, nor more than $50, for each offense. 


Sec. 41. The Inspector shall report to the Council after each 
inspection the name of owner of each boiler inspected, the test 
pressure used, and the amount of steam allowed in certificate 


given. 


Sec. 42. The compensation of the Inspector of Boilers shall 
be $1,000 per year, he to furnish his own apparatus, and shall 


be paid out of the salary account.® 


Sec. 43. It is hereby declared to be a misdemeanor for any 
owner or engineer to refuse to permit the inspection provided 
for in this ordinance, or to refuse to pay the fees for the said 


inspection. 


Sec. 44. It is hereby declared to be a misdemeanor to use 
a boiler not inspected as herein provided, or to use a boiler 
inspected and pronounced unsafe for use by said Inspector, or 
knowingly to permit the carrying of a greater amount of steam 
than specified in the certificate; provided that forty days after the 
final passage of this ordinance shall be allowed for the making 
of the first inspection; and, provided further, that no person 


shall be convicted of a violation of this ordinance in using an 


6 Passed May 2, 1889. The salary of the Inspector was fixed at $140 per month 
on petition of Inspector, July 6, 1893. See Book ‘‘C,’’ 1892, p. 154. 


Inspections 
to be reported 
to Council. 


Penalty for 
refusal to 
permit in- 
spection or 
pay fees. 


Penalty for 
using unin- 
spected or un- 
safe boiler. 


270 CITY ORDINANCES. 


BOARD OF ENGINEER EXAMINERS. 


uninspected boiler, unless it shall appear that the failure to 


inspect was brought about by the act or default of such person. 


Steam boilers : . 
at fo nae: Sec. 45. It is hereby declared a misdemeanor to supply any 


plied directly 
from water 
~ mains. 


steam boiler within the city with water directly from a water 
main of the water company, but in all cases in which water 
is supplied to any steam boiler by the water company there 
shall be a tank or cistern located between the boiler and water 
main, and such supply shall be taken directly from the tank 


or cistern. 


ARTICLE 9. 
BOARD OF EXAMINERS OF STEAM ENGINEERS. 
Board of Ex- Sec. 46. A Board of Examiners is hereby created, to examine 


aminers of 
Steam Engi- and license engineers having charge of or operating boilers and 


oe steam engines in the City of Memphis. Said Board of Exam- 
iners shall consist of the Boiler Inspector and four practical 
steam engineers who are citizens of Memphis, who have not less 
than six years’ practical experience in operating steam boilers 
and steam machinery. The members of the Board of Examiners 
AN See shall be appointed by the Legislative Council, and shall hold 
office for the term of two years, or until their successors are 
appointed and qualified, unless sooner removed for cause. The 
members of the Board of Examiners must be residents of the 
City of Memphis, and they vacate their office when they move 
outside of the city limits. In case of a vacancy by removal 
from the city, or by death, resignation or removal for cause, 
such vacancy shall be filled as originally, for the unexpired 


term. 


Baa of the Sec. 47. The duties of the Board of Examiners shall be to 
practically examine into the qualifications of the applicants for 
license to act as engineer of steam plants. One of the members 
shall act as secretary, and shall keep the minutes of the proceed- 


ings of each meeting of the Board, and shall handle and have 


CITY. ORDINANCES. 


271 


Ea eS 


BOARD .OF ENGINEER 


charge of all moneys. paid to the Board, and shall give bond 
in the sum of one thousand ($1,000). dollars for the faithful 
performance of his duties. The Legislative Council shall have 
power to remove any member of the Board for drunkenness, 
incompetency or gross neglect of duty, provided that in no case 
shall the Secretary be released from his bond until.his books 
have been examined, and his accounts found. correct, and all 
moneys, books and papers. in his possession .have been turned 
over to the Board, or to his successor. The Legislative Council 


shall furnish suitable quarters for the Board of Examiners. 


Sec. 48. The Board of Examiners shall hold at least two ses- 
sions each month, on the first and third Mondays thereof, in 
the City of Memphis, for the purpose of receiving and acting 
on applications for license, and a majority of the Board shall 
constitute a quorum to do business. And the Board shall hold 
such additional sessions as may be necessary to promptly dispose 


of the applications for license pending before them. 


The Secretary shall keep a register for the names of all appli- 
cants, designate those found qualified and those found not quali- 
fied. Said Board shall grant certificates of license for one year 
from date thereof to applicants who, upon examination, shall 
have the skill and experience and habits of sobriety requisite 
to perform the duties of an engineer. Licenses shall be renewed 
without examination, upon payment of the required fee. All 
certificates of license shall be signed by at least three members 
of the Board, and the entire Board only shall have the power 
to revoke the license of any engineer for insobriety or gross 
neglect of duties when in charge of a steam plant in use; but 
no license shall be revoked for cause without first giving the 
accused party an opportunity to be heard in his own defense. 
And every engineer who shall receive a license shall, when em- 


ployed about any steam plant, place his certificate of license, 


EXAMINERS. 


Bond of 
Secretary. 


When to’ hald 
meetings. 


Secretary to 
keep a reg- 
ister. 


Grant certifi- 
eates of 
license, 


2he 


CITY ORDINANCES. 


BOARD OF ENGINEER EXAMINERS. 


Violation a 
misdemeanor. 


Qualifications 
to entitle ap- 
plicant 

to license. 


Grade of 
license. 


which must be framed under glass, in a conspicuous place about 
the boiler or engine room at which he is employed, where it 
can be seen at all times, and a failure to comply with this pro- 
vision by an engineer shall be deemed a misdemeanor, and, 
upon conviction, he shall be fined not less than $5.00 nor more 
than $25.00, and for the second offense his license shall be re- 
voked. No engineer shall be fined, or his license revoked, with- 
out first giving the accused party an opportunity to be heard 


in his own defense. 


Sec. 49. This ordinance shall apply to all engineers having 
charge of, or operating, plants requiring a license within the 
city. Every applicant for license must not be less than twenty- 
one years of age, and must be a citizen of the United States, 
or declare his intention to become such, and the application 
must be made on a blank furnished by the Board for such pur- 
noe. Said applicant must have at least three years’ experience 
at mechanical or steam engineering, and must state his expe- 
rience on the blank. All applications must be signed by two 
citizens of the United States, one of whom must be an engi- 
neer or steam user, and both of. whom must make affidavit 
before an officer qualified to administer an oath, that the state- 
ments set forth in such applications are true facts. When an 
applicant has appeared before the Board of Examiners for ex- 
amination for three meetings, and has not passed the examina- 
tion, he shall be considered to have failed, and shall not be 
eligible to stand another examination until a period of sixty 
days has passed from the time of his last appearance before the 
Board. All applicants for license who, upon examination, shall 
be found qualified as an engineer, shall be granted a license 


to operate boilers and engines in the City of Memphis. 


Sec. 50. Licenses shall be granted as follows: First, second 


and third grade. First grade license shall entitle its rightful 


CITY ORDINANCES. 


273 


BOARD OF ENGINEER EXAMINERS. 


holder to operate or have charge of steam plants of unlimited 
capacity as to horsepower boilers. Second grade license shall 
entitle its rightful holder to assist a first grade license engi- 
neer in any steam plant where such services are required, under 
the instructions of first grade engineer in charge of steam plant, 
or may have charge of and operate steam plants limited to 75 
horsepower of boilers. Third grade license shall entitle the 
rightful holder to assist first or second grade engineers, where 
such services are required, under instructions of engineer in 
charge of steam plant, or he may have charge of or operate 
steam plants limited to 25 horsepower of boilers. For the pur- 
pose of this ordinance boilers shall be computed on a basis of 


15 square feet of heating surface per horsepower. 


Sec. 51. The fee for each license or yearly renewal shall be 
two ($2.00) dollars, to be used to defray the expenses of the 
Board. The receipt for said fee shall be indorsed upon the 
certificate of license, but no certificate shall be valid until such 
fee has been paid. Any surplus of funds accumulating after the 
expenses of the Board have been paid, shall, at the expiration 
of every twelve months, be turned into the general fund of the 
city. The Board shall make such rules and regulations for 
its government as its members may deem proper, and not in- 
consistent with this ordinance. Each member of the Board shall 
receive the sum of one ($1.00) dollar, except the Secretary, 
who shall receive the sum of two ($2.00) dollars for attendance 
at each meeting of the Board, and then only when such meet- 
ing is for the purpose of examining applicants for license. The 
above to be paid out of the expense funds of the Board, providing 
that when a member is absent from any meeting he shall for- 


feit his pay for such meeting. 


Sec. 52. Be it further enacted, That the provisions of this 


ordinance shall apply to all steam plants or boilers operated 


Fees. 


274 


CITY ORDINANCES. 


BOARD OF ENGINEER EXAMINERS. 


Licensed en- 
gineer re- 
quired. 


Violation. 


Qualification 
necessary to 
operate boiler. 


within the city limits, except locomotive boilers used on railroads. 
Every owner or user of any boiler or boilers or steam gener- 
ating apparatus shall, when said boilers or apparatus are in 
use, employ at least one licensed engineer, of the grade required, 
to operate said boilers or apparatus, as provided in Section 5 
of this ordinance; provided, however, if any owner or user of 
any boiler or boilers or steam generating apparatus is deprived 
of the services of the licensed engineer or engineers employed 
by him, by death, resignation or any other cause over which he 
has no control, such owner or user shall not have more than 
thirty days within which to secure the services of a licensed 
engineer, and during such period he may run his plant with 
an unlicensed engineer; and, provided further, that every owner 
or user of any boiler, boilers or steam generating apparatus shall 
have not more than thirty days after the organization of said 
Board of Examiners within which to secure the services of a 
licensed engineer, and during such period he may likewise run 
his plant with an unlicensed engineer. Any violation of this 
section shall be deemed a misdemeanor, punishable by a fine 
of not less than twenty-five dollars ($25.00) nor more than fifty 
dollars ($50.00). Any person found in charge of or running 
without a license any steam plant, in violation of the terms of 
this section, shall be deemed guilty of a misdemeanor, and, on 
Aipeatetinl thereof, shall be fined not less than twenty-five 


($25.00) nor more than fifty dollars ($50.00). 


Sec. 58. No person shall receive license who is not able to 
determine the weight necessary to be placed on the lever of a 
safety valve (the diameter of valve, length of lever, distance 
from center of valve to fulcrum, weight of lever and weight of 
valve and stem being known), to withstand any given pressure 
of steam in boiler. And must be able to figure and determine 
the strain brought on the braces of a boiler with a given pres- 


sure of steam, the position and distance apart being known. And 


CITY ORDINANCES. 


275 


CITY 
must be able to figure and determine the safe working pres- 
gure of a boiler, such knowledge to be determined by an exam- 
ination in writing. And no license shall be granted to any 
engineer who does not possess the above qualifications, except 
third grade. No license shall be granted to any engineer who 
cannot read and write and does not understand the plain rules 


of arithmetic. 


Sec. 54. The examination questions asked an applicant for 
license shall be such practical questions as are met with in actual 
engine and boiler room experience, and a correct answer of 80 
per cent. of such questions shall qualify the applicant to re- 


ceive his license. 


Sec. 55. It shall be the duty of the Chief of Police to see 
that this ordinance is strictly enforced, and it shall be the duty 
of any citizen who may have knowledge of the violation of this 


act to report the same to the proper officer.’ 


ARTICLE 10. 
CITY PAYMASTER. 


Sec. 56. The office of City Paymaster be, and the same hereby 
is, created, the incumbent of said office to be elected by the 
Legislative Council’: for a term of two years, and his salary to 
be the sum of two thousand ($2,000) dollars per year, payable 


in equal monthly installments. 


Sec. 57. All employes of the city shall be paid by checks 
drawn by the City Register, payable to order of said employe 


and countersigned by the Paymaster. 


Sec. 3. It shall be the duty of the Paymaster to audit all bills 
of goods bought for the City of Memphis, by the various de- 


partments, to see that the prices charged therefor are no more 


1 Sections 46 to 55 passed October 5, 1905. 


PAYMASTER. 


Examination. 


Chief of Po- 
lice to en- 
force. 


City Pay- 
master. 


Employes— 
how paid. 


Duty of Pay- 
master, 


276 


CITY ORDINANCES. 


CITY PAYMASTER. 


To audit time 
books. 


To O. K. 
bills. 


Bond. 


than the market price of the same, and to see that said goods 
are delivered to the department of the city entitled to use the 


same. 


Sec. 58. It shall be the duty of the Paymaster to compute the 
time on the time books kept by the foremen of the various 
gangs employed by the city, check the same with the payrolls 
of the respective departments, as same are filed in the office 
of the City Register, and to see if said employes have really 
been at work. A check for the total amount of: said payrolls 
is to be made payable to the City Register, and, when signed 
as required, by the Fire and Police Commissioners, and the City 
Tax Receiver, as now' provided by law, the same shall be depos- 
ited in the city’s depository bank, and the checks as provided 
for in the above section of this ordinance for the payment of the 
employes of the city are to be drawn against said deposit, as 


above provided. 


Sec. 59. After all bills for supplies bought by the various 
departments of the city have been: audited and found correct, 
it shall be the duty of said Paymaster to approve same with 
his O. K., and, after receiving the O. K. of the Auditing Commit- 
tee appointed by the Council, checks shall then be drawn for 
the amount of each account, which checks. will be signed by 
the Fire and Police Commissioners and City Tax Receiver. It 
will then be the duty of the City Register to pay said bills and 


take duplicate receipts, as has been the custom heretofore. 


Sec. 60. Before said Paymaster shall assume charge of said 
office, he shall be required to execute a good and solvent bond 
in the sum of ten thousand dollars, which bond shall be ap- 


proved by the Mayor and City Attorney.’ 


2 Sections 56 to 60 passed March 5, 1908. 


CITY ORDINANCES. 


247 


REGISTER OF 


ARTICLE 11. 
REGISTER. 

Sec. 61. The Register shall sign all licenses issued by him, 
upon receipt of the City Tax Receiver, for the tax collected by 
him. He shall keep a record of each license so signed, the 
amount paid for each license, and, when any license is trans- 
ferred, note the same, together with the fees of transfer, in an 
appropriate book kept for that purpose; and shall report to the 
Mayor once a week the aggregate amount of all licenses so 


signed by him during the preceding week. 


Sec. 62. 


Receiver on account of taxes, and shall provide an appropriate 


He shall countersign all receipts of the City Tax 


book or books, in which he shall enter the amount collected for 
each specific purpose, and the aggregate amount. of each tax 
receipt, and the name of the party in whose name the tax is 
paid. He shall, once a day,’ report to the Mayor the aggregate 
amount of all receipts so countersigned during the preceding 


day, and shall perform all such service as may be required of 


LICENSES—-INSPECTOR OF WEIGHTS AND MEASURES. 


Shall issue 
licenses, keep 
record of 


transfer, etc. 


Report to 
Mayor once 
a week. 


Countersign 
receipts of 

city tax re- 
ceiver and 

keep record 
of same. 


Shall report 
to Mayor 
once a day. 


him by ordinance or resolution of the Legislative Council or - 


Police Board. 


All licenses’ issued by the Register shall expire on the 31st 
day of December of each year, unless otherwise provided on 


the face of the license. 


ARTICLE 12. 
INSPECTOR OF WEIGHTS AND MEASURES. 
Sec. 63. There shall be a City Inspector, and it shall be his 
duty, by himself or deputy, to inspect, test, measure or weigh, 
and mark all articles of commerce or merchandise usually in- 


spected, tested, weighed or measured, and particularly to weigh, 


3 By ordinance passed March 12, 1880, 


“‘week’’ was stricken out and ‘‘day’’ in- 
serted. : 


Licenses ex- 
pire Dec. 31.. 


Shall inspect. 
certain ar- 
ticles. 


278 


CITY ORDINANCES. 


INSPECTOR OF WEIGHTS AND MEASURES. 


Shall not 
deal in ar- 
ticles subject 
to inspection. 


Oils, liquors, 
etc. 


Coal. 


Test weights, 
measures, etc. 


measure and test and mark the articles hereinafter named.* 
It shall likewise be the duty of the Inspector to have, keep 
and preserve all instruments, standard weights and measures, 
books, etc., belonging to his office, and to deliver all such as 
belong to the city to his successor in office, or to the Mayor or 


his order. 


Sec. 64. He shall not deal or trade in any articles subject 
to inspection, weight or measurement by the ordinances of the 
city, neither for himself nor as agent; and shall never solicit 
nor interfere in any trade, sale or purchase between others; 
and any Inspector who shall be guilty of violating this section 
shall be fined twenty dollars, and such act shall be just cause 


of removal from office. 


Sec. 65. When called on by any person or persons, he shall 
inspect and mark oils or liquors of any description in tierces, 
casks, barrels or kegs; any flour, sugar, molasses, lard, tallow 
or butter by the barrel, half-barrel, keg or firkin; any pork or beef 
by the tierce or barrel, or any other articles of produce here- 
inafter enumerated; and such articles shall be subject to vol- 


untary inspection only. 


Sec. 66. <All stone coal sold by retail in this city shall be 
sold by weight, by the barrel of one hundred and eighty pounds; 
and shoneone! shall be sold by the boat-load, or offered to be 
sold, or in such quantities as to make it greatly inconvenient 
to be weighed, the Inspector may gauge it, and it shall be sold 


accordingly. 


Sec. 67. It shall be his duty to try, test and correct the 
weights, measures, scales, steelyards and cloth measures of all 


merchants or others in the city who buy or sell any article of 


4 As to what articles are inspected under the State Law, see Code, Section 8, 
1831-1835a, inclusive. 


CITY ORDINANCES. 279 


INSPECTOR OF WEIGHTS AND MEASURES. 


commerce by such scales, measures, weights, steelyards or cloth 
measures; and for trying, testing and correcting, as aforesaid, 
the Inspector shall keep correct steelyards, etc., in his office, 
of the same quantity, weight and standard as are fixed by the 


laws of the State of Tennessee. 


Sec. 68. He shall make to the Legislative Council, on the Report 
monthly to 


first meeting of each month, a report of his official transactions C°™!- 


for the previous month, showing the amount of fees received 


and an epitome of the kind and quantity of goods inspected. 


Sec. 69. For the performance of his various duties, the said 
Inspector shall charge and receive from the owner or seller 


the following fees, and no others, to-wit: 


I. For gauging and inspecting barrels and half-barrels Fees. 
of whisky, brandy, wine or any other liquors, mo- 
lasses, oils, or any other similar articles, under forty 
SERUERETE SPR CO LY ee ste a coerce. aie ions osha on ald es awe lene eae $0.07 
If the number of any lot exceed forty, and under one 
SRM) Oe RE Hs (OAC sve cls ob Lib gsere tus be eleisles oo tive aie .05 


Honeinepecting less than five, one lotes.. fs... 25 


Il. For gauging empty barrels or half-barrels, firkins or 


oo Sry 927 Se gen OPED BOE Sea ana A At TO Ra A ae .05 


III. For inspecting and weighing butter, lard, tallow or 


any similar article, in barrels or half-barrels, under ten 


MERE ECG IN > os or cde) oer ec Sie Sak aren Sy hae aoe cade ee Wiss 10 
rele Cite aN UM Del) . GACI se c'.s\s 5 veheiece mcs bots whole e's .05. 
If in firkins or kegs, under fifty in number, each...... 05. 
fomOwome iets NUMDET, CACh 2.8 5 oF re Ue ed es 03 
IV. For weighing and marking cotton, per bale........ 10 


V. For weighing live cattle on the city scales, if under 


etme ay CAG ih cgi esd Sos 8 id Pre LAE 15 


280 


CITY ORDINANCES. 


INSPECTOR OF WEIGHTS AND MEASURES. 


Vii 


VII. 


VIII. 


LX. 


D4 F 


XIT. 


XII. 


If over. that number, each.0 oc.) coe ae 12 
For hogs and: sheep, each «oo .es6 ss 0) ora ees ee .05 
For weighing coal in carts, or any coal sold at retail.. .01 


For gauging in bulk, by the boat-load, per boat...... 20 


For weighing, inspecting and marking hay in bales, 
each ton or less quantity... 0... «ae ere eee 20 
And for weighing fodder, oats or shucks, when un- 


baled, on city scales, per ton or leSs................ .20 


For weighing wheat, rye, corn, oats and bran, per 


SACK oo occ a ate lee pcre ele ete Ble eve, oor une heise ee eat a O01 


For gauging and inspecting a boat-load, or part of a 


load .of corn, €acCh.-.)o. ies ees « «osc 0th ee lane eee 5.25 


. For gauging and inspecting barrels and half-barrels 


of pork and beef, each. csi. 0.855 Se ee .00 


For inspecting and weighing flour, by the barrel or 
half-barrel,, under ten in number, each............ .054 


Over that number 4....05.05. see eae .03 


For weighing sugar by the hogshead, not exceeding 


twenty in: number, each:7 5 ico. s wo s'4 6 one thie ee 15 
If over that number, eachs yc... i6 ~ Sel eee 12 
In barrels under twenty in number, each............ .05 
Over -twenty,:‘€ach. oo. oc. 0 ocean cus y+ « oan 03 
For inspecting track scales of 30 tons and over...... 5.00 
For inspecting wagon scales ...... eee yO 1.50 
For. inspecting hopper. scales 6). 60. es ew ce ee eee 2.00 


For inspecting platform scales up to 1,200 pounds... .50 


For inspecting platform scales, from 1,200 pounds up- 


For inspecting counter scales (beam and balance)... .30 


For -inspecting spring balances. 2 aiken 25 


CITY ORDINANCES. 


281 


INSPECTOR OF WEIGHTS AND MEASURES. 


For inspecting steelyards (cotton beam) ............ 00 
For inspecting cloth measures, for five or less........ AL 
Peenivetmumoer OVEr fve: Gach*s 06.0. 3. aes oe case .05 


XIV. He shall test and mark the liquid measures of all 
dealers in the city, by which articles are sold, and 
shall charge for such testing and marking, per set... .30 
In like manner he shall test and mark dry measures, 


anoeeonlt receive therefor, per set ...........0c0.80. .30 


Provided, that no charge shall be made for testing any measure, 
article or vessel for which a fee has once been paid to any 
officer acting under and by authority of laws, and having on 
said measure, article or vessel a stamp or brand of an inspection 
officer. And no dealer shall measure and sell or buy any arti- 
cle except by such marked measure, or by scales, weights, steel- 
yards or cloth measures, stamped by the said Inspector every 
three months, as per next section. And said Inspector is re- 
quired, at the end of each week, to pay over all collections in 
his hands, less fees, to the Tax Receiver, and shall make monthly 
reports of the same to the Tax Receiver, and at the end of 
each fiscal year to report the aggregate amount of his receipts 


and the sources from which the same are derived. 


Sec. 70. And it shall be his duty to test or inspect all scales, 
weights, steelyards, cloth measures, liquid or dry measures, kept 
at places of business, once every three months, whether the same 
be in use or not. And any proprietor, clerk or employe of any 
place of business, who shall make the Inspector any false state- 
ment in regard to the number of such scales, weights, steelyards, 
cloth, liquid or dry measures, kept in his establishment or place 
of business, or endeavor to secrete or hide away the same, to 


avoid the Inspector, shall be guilty of a misdemeanor, and, on 


1 Allowed drayage on weights when, post Section 77. © 


Inspect 
scales, 
weights, etc. 


Penalty for 
preventing 
inspection. 


282 


CITY ORDINANCES. 


INSPECTOR OF WEIGHTS AND MEASURES. 


Tare on ar- 
ticles of pro- 
visions, etc. 


Fees or in- 
spection of 
articles not 
enumerated. 


Inspected ar- 
ticles to be 
branded. 


Deputy 
Inspector. 


Penalty for 
violating in- 
spection or- 
dinance. 


conviction before the Police Court, shall be fined not less than 
fifty dollars for each offense; provided that nothing herein con- 
tained shall be held to apply to scales, weights, steelyards, cloth 


measures, liquid or dry measures, kept for sale. 


Sec. 71. The tare to be allowed on all articles of provisions, 
produce and merchandise shall be the same as may be, from 


time to time, prescribed by the Chamber of Commerce. 


See. 72. For inspecting and gauging all other articles not 
enumerated in the foregoing sections, the Inspector shall receive 
such fees as are herein allowed for articles of a like description 
in bulk, nature, quality or class; and for weighing any article 
not herein enumerated, he shall receive one-half per cent. per 


one hundred pounds. 


Sec. 73. Whenever the Inspector shall test, gauge, weigh or 
inspect any article, he shall mark or brand the same with his 


name, and the weight, quality or quantity of the article. 


Sec. 74. He may, if he choose, appoint a deputy, to be con- 
firmed by the Legislative Council, who shall be sworn to per- 
form his duties faithfully as such deputy; and if any person, 
not the Inspector or his deputy, shall presume to discharge the 
duties of Inspector, or use or make a brand or mark purport- 
ing to be that of the Inspector, he shall be deemed guilty of a 
misdemeanor and fined, on conviction by the Police Court, not 


less than ten nor more than fifty dollars for each offense. 


Sec. 75. 


of this ordinance, or any person or firm that shall be guilty 


Any person guilty of violating any part or section 


of selling, or offering to sell, any article of merchandise of short 
weight or measure, shall be deemed guilty of a misdemeanor, 
and, on conviction before the Police Court, shall be fined not less 
than ten nor more than fifty dollars for each offense. And it is 


hereby made the duty of the Inspector and police of the city 


CITY ORDINANCES. 


283 


INSPECTOR OF WEIGHTS AND MEASURES. 


to bring all persons violating this ordinance, or any provisions 


thereof, before the Police Court for trial. 


Sec. 76. 


the performance of his various duties made out and printed and 


The Inspector shall have a schedule of his fees for 


exposed to view in his office, and in the office of the Mayor. 


Sec. 77. No drayage shall be charged by the Inspector, except 
when the Inspector shall be called to inspect between: quarters, 


and then he shall charge only actual drayage.* 


Sec. 78. 


Inspector of Weights and Measures, he shall be empowered to 


That, in addition to the duties now required of the 


inspect measures and grade all lumber landed at the port of 
Memphis for sale, at the request of either the buyer, seller or 
carrier, the fees charged, as provided hereafter, to be paid by 


the party requesting the inspection or measurement. 


Sec. 79. He shall be empowered to appoint a Deputy Lumber 
Inspector, shall fix his compensation, and pay him from the reve- 


nues derived from said inspections and measurements. 


Sec. 80. The Inspector shall be entitled to charge and receive 
for his services (one-fourth (14) of which shall be paid to the 


city) the following fees per 1,000 feet, board measure: 


Cottonwood, cypress, ash and poplar logs................ $0.07 
RATE LAME LCE We ey aici lassie “yess ny bse a's Gig Ald Orde] ater eje Saas ere 10 
MMI Leo os Sit see o's abevg nce Sieg wills Gwiesdloae Coe ee 12% 
Mimmperanitosizes, when handled (: 2)... ¢c0.00. 0.3 deen .50 
Berimerenll sizes, when not handled ......<...2.-+sess 20 


for the measuring, inspecting, grading, counting and handling 
of all lumber so counted, graded, inspected, measured and han- 
dled by him. He shall give a certificate of the quality and quan- 
tity to the owner, and render his account or fees in writing to 


the party liable for the same, as provided in Section 18. 


1 Passed January 28, 1888. 


Schedule of 
fees posted 
in office of 
inspector and 
Mayor’s office. 


No drayage 
charged ex- 
cept between 
quarters, 


Shall inspect 
lumber. 


Deputy Lum- 
ber Inspector. 


Fees for 
lumber in- 
spection. 


284 


CITY ORDINANCES. 


WHARFMASTER, DUTIES, ETC. 


Sec. 81. He shall have power to inspect the scales, weights 
and measures of any party doing business in the city, and if any 
of said scales, weights or measures be found manifestly incor- 
rect, and fraud or dishonesty is evident, the said Inspector shall 
have power, and he is hereby required, to bring the owner or 


other person using such incorrect weights or measures before 


. the Mayor, and if said owner or other person using such in- 


Penalty for 
false weights 
and measures. 


Compensa- 
tion. 


Collect 
wharfage 
dues. 


River front 
divided into 
four parts. 


‘correct scales, weights or measures be found guilty of any dis- 


honesty or fraud, in relation thereto, he shall be fined not less 
than ten nor more than fifty dollars. And such incorrect scales, 
weights and measures shall be destroyed in the presence of the 


Mayor, in his discretion. 


Sec. 82. He is hereby required to pay to the Tax Receiver 
one-fourth of all collections received by him as Inspector, resery- 


ing for himself three-fourths of said collections. 


ARTICLE 13. 
WHARFMASTER—WHARFAGE. 


Sec. 838. The Wharfmaster shall collect faithfully all wharf- 
age dues which he is now or may hereafter be authorized to col- 
lect, and: perform such other duties as may, from time to time, 


be assigned him by the ordinances of the city. 


Sec. 84. | For the better regulation of the landing of steam- 
boats, flatboats and other watercraft, and the shipment and 
discharge of cargoes, the wharf or landing shall be, and is hereby, 
divided into four sections, to be known and designated as fol- 


lows: 


1. The first section shall embrace all that portion of the wharf 
between the north boundary line of the city and the north line 


of Poplar street extended to the river. 


CITY ORDINANCES. 


285 


WHAREFMASTER, DUTIES, ETC. 


2. The second section shall embrace all that portion of the 
wharf between the north line of Poplar street extended to the 


river and the south line of Jefferson street extended. 


3. The third section shall embrace all that portion of the 
wharf between the south line of Jefferson street extended to 


the river and the south line of Union street extended. 


4. The fourth section shall embrace all that portion of the 
wharf between the south line of Union street extended and the 


south side of Linden street. 


Sec. 85. The landing for flatboats, keels and barges shall be 
designated by the Wharfmaster, and shall be within the limits 
of the first and fourth sections of the landing. The landing for 
steamboats shall be designated by the Wharfmaster, and shall 
be within the limits of the second and third sections of the land- 
ing; provided, however, that the Wharfmaster may, when the 
exigencies of the case require it, designate a landing for steam- 


boats within the limits of either the first or fourth section. 


Sec. 86. The Wharfmaster is hereby vested with full power 
and authority to compel all boats, vessels and watercraft to 
take the position which he may assign them at the wharf, land- 
ing or harbor, and to compel each and every boat, vessel or water- 
craft lying at the wharf to give ae and make room for other 
boats or watercraft to come to the shore and take the place 
assigned to them, and to lie in such manner as, in his judgment 
and discretion, may be best calculated to promote the conven- 
ience of all boats, vessels and watercraft lying at or near to 
the shore or wharf; and in all such matters the Wharfmaster 
shall be the sole judge; and, upon failure, neglect or refusal 
of any such owner, master, agent or person in charge of any 
such boat, vessel or watercraft to obey the Wharfmaster, he, 
she or they shall forfeit and pay to the city—if controlling a 


steamboat—the sum of not less than five nor more than fifty 


Landings for 
boats of dif- 
ferent classes. 


Wharfmas- 
ter shall reg- 
ulate landing 
of vessels. 


Penalty for 
refusal to 
comply with 
order of 
Wharfmaster. 


286 


CITY ORDINANCES. 


WHARFMASTER, DUTIES, ETC. 


Repairs at 
wharf—under 
what condi- 
tions. 


Steering oar 
to be un- 
shipped at 
landing. 


Penalty for 
failing to 
do..so. 


dollars for each and every offense, and a like sum for each and 
every day that any such boat or vessel may be permitted thus. 
to remain; if a flatboat, keelboat or bargeboat, etc., the owner,. 
master, agent or person in charge thereof shall forfeit and pay 
to the city a fine of not less than two nor more than thirty 
dollars, and a like sum for each and every day that such boat 
or watercraft may thus remain; provided, however, that, in 
the absence of the Wharfmaster, or of instructions from him 
or his deputy or deputies, any boat, vessel or watercraft may 
come in and make fast at the wharf or landing, at or in any 
vacant berth or space set apart and designated at the landing: 
place for that particular description of boats, vessels or water- 
craft, always subject, however, to the subsequent approval ot 
the Wharfmaster. 


Sec. 87. The Wharfmaster, with the concurrence of the 
Police and Fire Commissioners, may grant boats or vessels per- 
mission to make repairs at the wharf or landing, when, in the 
judgment of the parties aforesaid, such permission will not. 
interfere with the general convenience of business or trade at 
the wharf or landing; the Wharfmaster, at his discretion, to 
designate and prescribe the place and limits which the owner,. 
agent or master of any boat or vessel so repairing shall occupy, 


from time to time, with his boat, material and workmen. 


Sec. 88. It shall be the duty of the Wharfmaster to require 
all owners, masters, agents or persons in charge of any flatboat 
or other watercraft using a steering oar, which may be lying 
at the wharf or landing, to unship his or their steering oar, and 
place the same so as not to be in the way of, or in any manner 
to obstruct or interfere with, boats coming to or lying at the 
wharf or landing; and, upon failure, neglect or refusal to com- 
ply with this restriction, the owner, master, agent or person in 


charge of any such boat or watercraft so failing, neglecting 


CITY ORDINANCES. 


287 


WHARFMASTER, DUTIES, ETC. 


or refusing shall forfeit and pay to the city a fine of not less 
than two nor more than ten dollars for each offense, and a like 
sum for every day he, she or they may fail, neglect or refuse 
to comply; said fines recoverable, with costs, as in other cases 


of fines and forfeitures. 


~Sece. 89. The Wharfmaster, with the concurrence of the 
Police and Fire Commissioners, is hereby vested with full power 
and authority to direct and compel the owner, master or agent 
or other person in charge of each and every boat or vessel, of 
whatsoever character or kind, lying and being within the limits 
or port of the city, that may be found, considered and adjudged 
to be in a leaking or sinking condition, to have the same forth- 
with removed beyond the limits of the landing or harbor of 
the district, or to such point or place within the limits of the 
city as the Wharfmaster and said Board may deem best; and 
it shall be the duty of the Wharfmaster to give to the owner, 
master, agent or person in charge of said leaking or sinking 
boat or vessel immediate notice thereof, if to be found within 
or about the city, as well as to notify him, her or them of the 
determination of the authorities in relation thereto; and should 
he, she or they fail, neglect or refuse to move, or have the 
Same removed, within six hours from and after having received 
such notice, he, she or they shall (if controlling a steamboat) 
forfeit and pay to the city the sum of not less than twenty-five 
hor more than fifty dollars; if a flatboat, keelboat, barge, etc., 
the sum of not less than ten nor more than twenty-five dollars 
for each and every offense, and a like sum for each and every 


six hours that he, she or they may permit such boat to remain. 


Sec. 90. Should the owner, master, agent or person in charge 
of any leaking or sinking boat, vessel or watercraft, as re- 
ferred to in the preceding section, after having been duly noti- 
fied of the condition thereof by the Wharfmaster, or other 


officer, fail, neglect or refuse to remove the same as required, 


Shall cause 
removal of 
leaking 
vessels. 


Procedure in 
case of fail- 
ure to remove 
leaking vessel. 


288 


CITY ORDINANCES. 


WHARFMASTER, DUTIES, ETC. 


Vessel shall 
not occupy 
unnecessary 
space or pre- 
vent other 
vessels from 
landing. 


it shall be the duty of the Wharfmaster to have such boat, 
vessel or watercraft removed, at the earliest possible period, 
at the expense of the owner, master, agent or person in charge 
of the same; and he shall retain the possession thereof until 
the entire cost and expense of such removal shall be fully paid 
and satisfied. And, in case such boat, vessel or watercraft 
should sink within the limits of the city landing or harbor 
before removal, the owner, master, agent or person in charge 
thereof shall be, and he, she or they are hereby, required to 
remove the same and every part or parcel thereof, beyond the 
limits of the city landing or harbor, at his, her or their own 


proper cost and expense. And, in case of failure, neglect or 


refusal on the part of such owner, master, agent or person in 


charge to make the removal, as required by this section, of any 
and all such wrecks within the time specified by the. Whart- 
master, it shall be the duty of the Wharfmaster, under the di- 


rection of the Fire and Police Commissioners, at the cost of 
the owner, master, agent or person in charge, to have the same 


removed beyond the precincts of the city landing or harbor, 
in the cheapest and most practical manner, keeping an accurate 
account of the outlay, so as to have the same charged up to 
the proper party or parties on the books of the city; and, in 
case of his, her or their refusal to pay the same, on proper 
application, the amount so expended shall be recoverable from 
the owner, agent or charterer of such boat—the same, with all 
her machinery and fixtures, being liable for such charges, and 
a lien for such costs and charges being hereby fixed and re- 


tained thereon. 


Sec. 91. No steamboat or boats shall be permitted to occupy 
at the wharf or landing more than a reasonable or usual space 
for the purpose of receiving and discharging freight or cargo, 
when the same is needed by other boats for the same purpose; 


nor shall any steam or other boat, by means of stern lines, or 


CITY ORDINANCES. 


289 


WHARFMASTER, DUTIES, ETC. 


other obstructions, prevent other boats from ‘“‘coming to’’ and 
landing at the wharf, or landing at their sterns, or beside them, 
in the usual manner. Any steamboat or boats, or their masters, 
owners or charterers, acting in violation of any of the provisions 
of this ordinance shall forfeit and pay to the city a fine of not 
less than ten nor more tnan fifty dollars for each and every 
offense, and a like sum for every hour he, she or they may 


continue to act in violation of this ordinance. 


Sec. 92. The Wharfmaster shall have full power and au- 
thority to direct in what manner and places freight shall be ar- 
ranged which is discharged and to be hauled away and conveyed 
thither for the purpose of being shipped; to arrange all mat- 
ters of dispute arising from differences of opinion, regarding 
individual rights to the wharf by parties doing business thereon, 
in connection with the shipping and landing of freight; and to 
decide all such matters appertaining to the wharf, and to de- 
termine the same; and in case any captain or other person re- 
sists, opposes or refuses to obey the orders of the said Wharf- 
mester in thus discharging the duties of his office, such cap- 
tain or other person so offending shall, for every such offense, 


be fined in a sum*not less than five nor more than fifty dollars. 


Sec. 93. All persons are forbidden to have cotton or other 
produce, or merchandise of any kind, hauled to the landing and 
deposited thereon until the boat or boats upon which such cot- 
ton, produce or merchandise is to be shipped, has announced her 


readiness to receive freight. 


Sec. 94. Cotton and other articles which may be landed at the 
wharf or landings of the city, from any description of boat 
whatever, shall be removed from the wharf or landing within 
twenty-four hours after the date of their landing; and, if not 
removed in the time specified, it shall be the duty of the Wharf- 


master to have all such cotton removed and stored at the ex- 


General su- 
pervision 
over wharf. 


Cargo not to 
be deposited 
on wharf, etc. 


Freight shall 
be removed 
in. 24 hours. 


Procedure in 
ease of fail- 
ure to remove. 


290 


CITY ORDINANCES. 


WHARFMASTER, DUTIES, ETC. 


Wharf shall 
not be ob- 
structed. 


neues of the owner or owners of such goods or their agents. 
And he is hereby authorized to hold the same until all expenses 
are paid; and if the expenses of such removal and storage are 
not paid within ten days thereafter the Wharfmaster shall pro- 
ceed to sell the same, or so much thereof as will be sufficient to 
pay the expenses of removing and storing, and all other neces- 
sary charges incurred; and the Wharfmaster shall give at least 
ten days’ notice, in one or more daily papers, of the time and 
place of sale, and of the articles to be sold, and on what account; 
provided, however, that the Wharfmaster is hereby authorized, 
in cases of emergency or hardship, to use his discretion in per- 
mitting cotton or other merchandise to be deposited on the land- 
ing, and also in having cotton, merchandise, etc., removed from 
the landing, which may have been deposited there and remain, 
contrary to the intent and meaning of this ordinance; and, 
provided further, that if the amount of any sale thus made be 


insufficient to defray the expenses incurred in making such 


removals, the remainder shall be paid out of the city treasury 


and out of the wharfage fund, and if the sale shall amount to 
more than is sufficient to defray the expenses aforesaid, the 
Wharfmaster shall pay over the surplus to the Tax Receiver 

for the use and subject to the order of the consignee, owner or 


agent of the merchandise, goods or other articles sold. 


See. 95. No person, by himself or agent, shall, at any time, 
deposit, or cause to be deposited, on the wharf, landing, Water 
street, or any other of the contiguous public grounds or pass- 
ways leading to the river, any nuisance, incumbrance, obstacle 
or hindrance to the free and uninterrupted passage or trans- 
action of business at the said wharf or landing, Water street, 
etc., except such articles as are intended for shipment or imme- 
diate storage in the city. Nor shall any person scatter hay, 
straw or any other article or substance on the levee, or make 


fires thereon, without permission of the Wharfmaster, and 


CITY ORDINANCES. 


291 


WHARFMASTER, 


all skids and other things used for the purpose of storing freight 
shall be placed and piled in such position and place as the 


Wharfmaster may direct. 


Sec. 96. It shall be the duty of the Wharfmaster to cause 
to be removed all timbers and other obstructions in the river, 
or along the shore or landing, which may, in any manner, hin- 
der or endanger the free and safe ingress and egress of all 
boats or watercraft to or from the wharf or landing; and 
any person or persons bringing or in any manner retaining 
the same within the bounds of said landing, shall be guilty of 


a violation of this ordinance. 


Sec. 97. The Wharfmaster shall have full power and author- 
ity to regulate all drays, carts, wagons, hackney coaches or 
other vehicles at or about the wharf or landing, or about Water 
street, and to prevent obstruction, by such vehicles, of the 
passage to and from the wharf or landing; and, in case of 
neglect, failure or refusal of any drayman, cartman, wagoner, 
hackney coachman or other driver of a vehicle, to comply with 
the requirements of the Wharfmaster, the owner, driver or 
person in charge of any such dray, cart, wagon, hacknéy coach 

or other vehicle shall forfeit and pay to the city a fine of not 
7 less than one nor more than ten dollars, and a like sum for each 


and every offense. 


Sec. 98. In case of failure, refusal or neglect of the owner, 
master, agent or person in charge of any steamboat, flatboat, 
Keelboat, barge or other watercraft to pay for his, her or their 
landing privilege and daily wharfage dues to the city, as here- 
inbefore set forth, or any part or parcel thereof, after due and 
proper application by the Wharfmaster, or his regular author- 
ized agent, in addition to the fine imposed for a violation of 
this ordinance, it shall be the duty of the Wharfmaster to 


bring suit for the same under the direction of the Attorney. 


DUTIES, ETC. 


Wharfmas- 
ter shall re- 
move all ob- 
structions on 
wharf or in 
river. 


Regulate 
wagons, car- 
riages, drays, 
etc., on wharf. 


Suit to be 
brought for 
failure to pay 
wharfage. 


292 


CITY ORDINANCES. 


WUHARFMASTER, DUTIES, ETC. 


Boats fast- 


ened to other 


boats shall 
pay wharf- 
age dues. 


Extent of 
wharfage 
laws. 


Flatboat 
shall not 
-be used for 
boarding 
house, ete. 


Passengers 
not to be re- 
ceived more 
than 6 hours 
before de- 
parture, nor 


8 hours after 


arrival. 


And, if the Wer: qecu? or person. in charge of any whart- 
boat neglect, fail or refuse to pay the wharfage rates or dee 
imposed by law, upon the demand of the Wharfmaster or his 
agent, it shall be the duty of the Wharfmaster to at once re- 
port the same to the Mayor, who may, with the: Wharfmaster, 
remove wharfboat from the wharf and from the city. And this, 
in addition to the fine imposed for a violation of this ordinance, 


and suit may also be brought for the said dues. 


Sec. 99. Every steamboat, flatboat or other watercraft land- 
ing astern of any other boat or boats occupying a berth or 
landing at any part or point of the landing, whether such boat 
astern be fastened to another boat ashore, or be laid at anchor, 
and using and exercising all and any of the privileges used 
by boats at shore, shall pay the same rates of wharfage as pro- 
vided for boats occupying a berth at shore, and shall be held 


subject to all the rules and regulations governing such boats. 


Sec. 100. The wharfage laws of the city shall extend over the 
entire Mississippi front of the river; also on each side of Wolf 


River to the northern boundary line of the city. 


Sec. 101. No flatboat shall be allowed to lay at the landing 
and carry on ihe business of a boarding house, or for the pur- 
pose of retailing vinous, spirituous or malt liquors, or shall keep 
a ten-pin alley or other like game or amusement on board, under 
penalty of from one to fifty dollars for each and every day they 


may be engaged in either or any of such occupations. 


Sec. 102. It shall be unlawful for any steamboat running to 
and from the ey to receive, keep and entertain passengers for 
a period of more than six hours before their departure from the 
wharf, or to keep passengers, as such, for more than three hours 
in daylight after their arrival in port, unless said steamboat 


first take out license for a hotel, according to law; and the cap- 


CITY ORDINANCES. 


293 


WHARFMASTER, DUTIES, ETC. 


tain, master or manager of any steamboat guilty of any viola- 
tion of this section shall be fined, on conviction, not less than 


twenty-five nor more than fifty dollars for each offense. 


Sec. 103. 


pay one dollar per day. All charges and rates of wharfage shall 


Coalboats, while actively engaged in unloading, shall 


fall due daily at eleven o’clock, and any boat of any description 
for any time it may remain at the wharf less than a day, shall 


be chargeable for a whole day, except as hereinbefore provided. 


Sec. 104. Whenever coal, wood, lumber or any other article 
is placed upon the public ground contiguous to and around the 
landing or wharf, or upon the wharf itself (which may be done 
by consent of the Wharfmaster and Fire and Police Commis- 
sioners, when it does not interfere with the legitimate business 
of the landing), for the purpose of sale, or shall remain there 
twenty-four hours, except as freight to be shipped from the city, 
said Wharfmaster shall allot a certain space, sufficient for each 
person so wishing to use the public grounds, and shall charge 
and receive from said persons the following rates as wharfage, 
to-wit: For every space of twenty feet of ground in width, of 
river shore, and running back one hundred feet, same rate as 
paid by flatboats, and a proportionately greater sum for a greater 


space occupied. 


Sec. 105. Any person violating any of the provisions of this 
article shall be guilty of a misdemeanor, and shall, on conviction 
before the Police Court, forfeit and pay a fine of not less than 
one nor more than fifty dollars for each and every offense, ex- 
cept in particular cases provided for in this article, or where 


different fines are established and prescribed. 


Sec. 106. The jurisdiction of the Wharfmaster, for the pur- 
poses contained in this article, shall embrace all the public 


sround covered by the entire landing front and extending back 


Coalboats— 
wharfage— 

when pay- 

able. 


Charges for 
coal, etc., oc- 
cupying space 
on wharf. 


Penalty for 
violations of 
this article. 


Local juris- 
diction of 
Wharfmaster. 


294 


CITY ORDINANCES. 


WHAREFMASTER, DUTIES, ETC. 


Bond to be 
given by 
wharfboats. 


City not lia- 
ble for injury 
to wharf- 
boats. 


Business 
shall not be 
conducted on 
landing. 


to the western line of Front street, as at present named and 
designated; and it is hereby made his duty to keep the wharf 
and promenade free from all obstructions, buildings, lumber, 


garbage and everything else. 


Sec. 107. All wharfboats now moored, or that may hereafter 
be moored in front of the’ landing or river front, shall give a 
bond in the sum of five thousand dollars to the city, conditioned 
that if any such wharfboat shall sink, be burnt, or in any other 
manner become an obstruction to the ingress or egress of steam- 
boats or other water craft, the owners or agents in charge of the 
same shall remove the wreck or obstruction at once, and at the 


owner’s risk and expense. 


Sec. 108. All wharfboats moored at this port, or that shall 
hereafter be moored at the same, shall be so moored at the risk 
of the owners of the same, and, in case of loss or injury to said 
boats, from any cause whatsoever, the city is not to be liable for 
said loss or injury in any event; provided, however, that no 
wharfboat shall be allowed to moor at this port unless and until 
the aforesaid bond is given; and if said bond is not given as 
soon as this ordinance becomes operative as to boats now 
moored, the Wharfmaster, under the direction of the Mayor, 
will proceed at once to have the same removed from the city at 


the expense of the owners of the same.? 


Sec. 109. No person shall hereafter be allowed to engage in 
any business upon the landing, paved or unpaved, or the river 
front of the city, without the written permission of this Coun- 
cil, and all now engaged in business of any kind on such levee 
or landing shall at once cease to do business until they first 


obtain such permission to continue the same; provided, that 


1 By ordinance passed January 29, 1880, the word ‘‘paved’’ was stricken out 
here and after ‘‘landing’’ the words ‘‘or river front’’ inserted. 


2 Powers of city over wharves. See Taxing District Act, Section 10. 


CITY ORDINANCES. 


295 


POLICE DEPARTMENT, DUTIES, ETC. 


this ordinance shall not apply to stevedores or others engaged 
in loading or unloading steamboats or other watercraft. And 
anyone violating this ordinance shall, upon conviction before 
the Police Court, pay a fine of not less than one nor more than 
fifty dollars for each and every offense, and every day’s viola- 


tion thereof shall be deemed a distinct and separate offense.* 


ARTICLE 14. 
POLICE DEPARTMENT. 

Sec. 110. There is hereby established a Police Department 
in and for the city, which shall be composed of Fire and Police 
Commissioners, Chief of Police and such other officers and sub- 
ordinates as are provided by the act establishing this city, to 
be known as the Police Department of the City of Memphis. 
Said department shall be under the immediate control of the 
Fire and Police Commissioners, who shall enact rules and regu- 


lations of discipline for the government of the same. 


Sec. 111. The officers and subordinates are hereby graded 
as follows: One Chief of Police, one or more Captains, one or 
more Sergeants, one or two Station Keepers, one or two Turn- 
keys, two or more detectives, one Clerk for Chief of Police and 
Police Court, and such number of day and night patrolmen 
as the Board of Fire and Police Commissioners: may, from time 
to time, direct, not exceeding the number prescribed by law. 
The officers and subordinates provided for in this section shall 
receive such compensation as the Board of Fire and Police Com- 
missioners may, from time to time, allow, in accordance with 
the act establishing the city. They shall take the usual oath 
of office before entering upon their respective duties, and shall 


hold their office or appointment during the will of the Mayor. 


3 Section 109 passed January 26, 1880. 


y oe powers of Commissioners to appoint officers, see Senate Bill No. 162, Acts 


Constitution 
and con- 
trol of. 


Officers’ 
compensa- 
tion and oath. 


296 


CITY ORDINANCES. 


POLICE DEPARTMENT, DUTIES, ETC. 


Vacancies. 


Duties of 
Chief of 
Police. 


Duties of 
police cap- 
tains. 


Duties of 
patrolmen. 


In case a vacancy occurs in any appointment provided for in 


this section, by resignation, removal, death or otherwise, it shall 


be the duty of the Board to fill such vacancy without delay. 


Sec. 112. The Chief of Police, under such rules and regula- 
tions as the Fire and Police Commissioners may establish, shall 
have general care of the peace of the city, and see that all subor- 
dinates do their duty in preserving the same. He shall have 
control over the entire police force, and see to the execution 
of every ordinance. He shall have general supervision over the 
subject of nuisances, and the abatement of same; and shall exer- 
cise and discharge all such powers and functions as pertain to 
the office of Chief of Police, ‘and as the Fire and Police Commis- 


sioners may, from time to time, prescribe. He shall make a 


monthly report to the Board of Fire and Police Commissioners 


of the general condition of the Department, together with such 
other matters as pertain to his office, and perform such other 


duties as may be required of him by ordinance. 


Sec. 1138. The Captains of Police, under such rules and regu- 
lations as the Fire and Police Commissioners may establish, 
shall have contral of their respective commands, and shall so 
distribute the members of the same as shall best preserve the 
peace, quiet and good order of the whole city. Complaints 
against officers or patrolmen shall be made through the Chief 


of Police to the Fire and Police Commissioners. 


Sec. 114. The police, or any of them, shall arrest all persons 
found violating any city ordinance, or law of the State, within 


the city limits.1 Such person shall be immediately committed 


1 An officer may, without warrant, arrest a person: 1. For a public offense 
committed, or a breach of the peace, threatened, in his presence. 2. When a 
felony has been committed, though not in his presence (see 6 H. 53). 3. When 
a felony has in fact been committed and he has reasonable cause for believing the 
person arrested to have committed it (see 3 Head, 127 and 146). 4. On charge 
made, upon reasonable cause, of the commission of felony by the person arrested. 


‘Code, § 5037. An officer cannot, without warrant, arrest a person for a misde- 


meanor not committed in his presence. 3 Cold. 205. 


CITY ORDINANCES. 


297 


FIRE DEPARTMENT, OFFICERS, DUTIES, ETC. 


to the city prison. And such person may, however (if for a 
violation of a city ordinance), be discharged for the time being 


if he or she shall deposit in the hands of the Station-house 


Person ar- 
rested—how 
disposed of. 


Keeper on watch (taking his receipt therefor), a sum of money 


not less tnan five nor more than fifty dollars, as security for his 
or her appearance on the next morning before the Police Court. 
In case of failure to appear and answer, said amount shall be 
forfeited to the city. Said Station-house Keeper shall be gov- 
erned in taking such forfeit, as to amount, by the grade of the 


offense charged. 


* 


See. 115. No policeman shall, under any circumstances, re- 
ceive or take any money, or other valuable property, or effects 
of any kind or description, from any person under arrest, or 
threatened with arrest, except pistols, bowie knives, razors or 
other deadly weapons, except in the presence of the Station- 
house Keepers or their assistants, to whom all money or other 
property belonging to any arrested person shall be delivered; 
for money or property so delivered to them, the Station-house 
_ Keeper or his assistants shall give to the person arrested a 
receipt. Such Station-house Keeper or assistant, and his securi- 
ties as such, shall be responsible and liable for all money or 
other valuables so intrusted to him. Any policeman or other 
officer violating the provisions of this article shall be deemed 


guilty of a misdemeanor, and shall be dismissed from office. 


ARTICLE 15. 
FIRE DEPARTMENT. 

Sec. 116. There shall be appointed by the Fire and Police 
Commission, a Chief of the Fire Department, who shall hold his 
position as such Chief subject to removal by said Fire and 
Police Commissioners. The Chief of the Fire Department, under 
the supervision of the Fire and Police Commissioners, except 


as herein provided, shall superintend the construction of all 


Property of 
persons ar- 
rested. 


Appointment 
and duties of. 


298 


CITY ORDINANCES. 


FIRE DEPARTMENT, OFFICERS, DUTIES, ETC. 


Monthly 
report. 


Assistant 
Chief. 


Powers of 
Chief. 
Engines, etc. 


Engines, etc., 
supervision of. 


buildings within the fire limits of the city, and see that the 


ordinances of the city in regard to the same are enforced. 


Sec. 117. He shall make a monthly report to the Board of 
Fire and Police Commissioners of all matters of interest con- 
nected with the Fire Department. He shall report the number 
of fires occurring in the city, and the cause of each, when it 
can be ascertained; the amount of loss sustained by each and 


every individual; the amount covered by insurance, etc. 


Sec. 118. There shall be, if the Fire and Police Commission- 
ers deem it necessary, an Assistant Chief of the Fire Depart- 
ment, to be appointed in the same manner as the Chief, who 
shall assist the Chief in the discharge of the duties of his 


office. 


Sec. 119. The Chief of the Fire Department shall have gen- 
eral supervision, direction and control of the same: communi- 
cate his orders to the Captains of the respective companies, who 
shall cause them to be promptly executed. He shall examine 
into the condition of the different companies, and require the 
engineers to keep their engines, and all apparaeee connected 


therewith, in good order. 


Sec. 120. The steam engines, and the officers and privates 
connected therewith, shall be known as the Steam Section of 
the Fire Department, and shall consist of three or more steam 
fire engines, to be numbered one, two, three, and so on, and 
one or more hook and ladder companies, to be numbered in like 
manner, all of which shall be stationed at such places as the 


Fire and Police Commissioners shall direct. 


Sec. 121. This section of the Fire Department shall be under 
the immediate supervision of the Chief of the Fire Department 


and the Fire and Police Commissioners, who shall have power 


CITY ORDINANCES. 


299 


FIRE DEPARTMENT, OFFICERS, DUTIES, ETC. 


to cause all necessary repairs of the engines, carriages and ap- 


paratus to be made, so as to keep the same in complete order. 


Sec. 122. There shall be an engineer to each steam engine, 
who shall hold his position subject to removal by the Mayor;* he 
shall be chief officer of the engine, and keep the same in good 
running order, and shall run the same on all occasions when 
directed by his Captain or the Chief of the Fire Department. 
He shall deliver over to his successor in office the engine of 
which he shall have special charge in good order, the usual wear 
and tear excepted. 

Sec. 123. There shall be one Captain to each steam engine, 
and one to each hook and ladder company, who shall hold their 
offices, respectively, subject to removal by the Mayor.* Each 
Captain shall exercise control over the persons employed under 
him, and shall have the custody of the house in which his en- 
gine, ladder, truck, etc., are kept, and shall report to the Chief 
of the Fire Department all derelictions of duty, absence and 
misbehavior among the men employed under him; he shall de- 
vote his entire time to the discharge of the duties of his office, 
and shall have charge of and be responsible for all the property 
of the company, except as hereinafter provided. 

Sec. 124. Any number of men, not exceeding twelve, may 
be employed for each engine, to perform such duties as the Chief 
may direct; and seven men may be employed for the hook and 
ladder company, to be likewise under the direction of the Chief. 

Sec. 125. The companies of the Fire Department shall be fur- 
nished with a copy of the fire ordinances, and such rules and 
regulations as may be made by the Board of Fire and Police 
Commissioners, which shall be framed and placed in a conspicu- 
ous place in the respective engine houses. These rules and 
regulations it shall be the duty of the officers and men strictly 


to observe and conform to. 


1 Under Chapter 54, Acts 1905, power to remove is placed in the hands of 
the Board of Fire and Police Commissioners. 


Engineers. 


Captains. 


Firemen. 


Fire ordi- 
nances to be 
observed. 


300 


CITY ORDINANCES. 


FIRE DEPARTMENT, OFFICERS, DUTIES, ETC. 


Fire districts. 


Duties of 
watchman 
on duty. 


Power of 
captains. 


Engineers. 


Racing or 
reckless 
driving. 


Sec. 126. The city shall be divided into four districts, which 
shall be as follows: District No. 1 shall consist of and embrace 
all that portion of the city north of Poplar street. District No. 
2 shall consist of and embrace all that portion of the city be- 
tween Poplar and Madison streets. District No. 3 shall embrace 
all that portion of the city between Madison and Beale streets: 
and District No. 4 all that portion of the city between Beale and 
the southern boundary line of the city. It shall be the duty 
of the watchman on duty, upon receiving an alarm of fire from 
a responsible source, to pull the alarm telegraph box and imme- 
diately ring an alarm of fire, by the bell, to correspond to the 
number of box from which the alarm comes. In case of the 
absence of the Chief, the Captain in whose district the fire may 
occur shall control. The Captains of the several companies shall 
act as Fire Wardens in their respective districts, under the direc- 
tion of the Chief. 


Sec. 127. The Captains shall have charge of their companies. 
at fires, or on occasions of fire alarms, and see that the engines, 
pipemen, hosemen and drivers properly and efficiently perform 
their respective duties, as well at fires as at the engine houses; 
and in the event of the absence of the Captain, or of his neces- 
sary performance of the duties of Chief, then his duties as Cap- 
tain, and the authority incident thereto, shall be exercised and 
discharged by the principal or first pipe director, and, in his. 


absence, by the assistant or second pipe director. 


Sec. 128. The engineers shall have charge of the engines, keep: 
the same in perfect running order, and run the same upon the: 


order of their respective Chiefs or Captains. 


Sec. 129. Racing to or from fires is not allowed under any 
circumstances, or reckless driving, under the penalty of dis-~ 
missal; and if the apparatus of several companies proceed on. 


the same street to or from a fire, they shall do so in single file. 


CITY ORDINANCES. 


301 


FIRE DEPARTMENT, OFFICERS, 
Sec, 130. Any driver of a steam engine or hose carriage driv- 
ing or running over hose, unless it cannot be avoided, shall be 


subject to dismissal from the Fire Department. 


Sec. 131. When the Chief of the Fire Department shall find 
the fire so far reduced that one or all of the companies may cease 


work, he shall dismiss them, or cause the same to be done. 


Sec. 132. 


pear on duty without such badge as the Fire and Police Commis- 


No officer or member of the Department shall ap- 


sioners may provide. 


Sec. 133. Any officer or member absent from a fire shall be 
subject to dismissal, except for good and sufficient cause ap- 


pearing to the Chief and Mayor. 


Sec. 134. If the charge of intoxication be preferred and 
found against any officer or member of the Fire Department, 
he shall be discharged; and, further, it shall be the duty of 
every officer and member of the Department to report each 
member violating this rule to the Chief, who shall report the 


same to the Mayor. 


Sec. 185. Members of fire companies, or other persons, are 
not permitted to frequent, meet, loiter or lounge about the engine 
houses without special permission from their. respective officers. 
Watchmen on duty at the engine houses, who allow the same, 


shall be subject to dismissal. 
Sec. 186. The hook and ladder company will take position, 
when practicable, without the lines, and as near the fire as 


under all tne circumstances may be found convenient. 


Sec. 137. Alarms are not to be given at any engine house 


unless received from a responsible person or persons, or from 


DUTIES, ETC. 


Dismissal for 
driving over 
hose. 


Engines re- 
lieved at fires 
by Chief. 


Badges to be 
worn. 


Absence 
from fires. 


Intoxication, 
penalty for. 


Loitering 
around en- 
gine houses 
not. permitted. 


Hook and 
ladder 
company. 


Alarms not 
to be given 
except from 
responsible 

source, 


302 


CITY ORDINANCES. 


FIRE DEPARTMENT, OFFICERS, DUTIES, ETC. 


Hose in pos- 
session by 
mistake to 
be returned. 


Riding on en- 
gine not per- 
mitted to 
strangers. 


Engineers and 
employes 

shall sleep at 
engine house. 


Collision 
with other 
vehicles. 


Watchman 
not to leave 
until relieved. 


Property not 
to be de- 
stroyed, ex- 
cept when. 


another fire bell. Watchmen on duty at the engine house shall 


be held responsible for all false alarms given by them. 


Sec. 138. Any company returning from a fire, finding they 
have hose not belonging to them, shall immediately return the 


same to the company to which it does belong. 


Sec. 189. The Captain of each company shall, in no instance, 
allow any person except the Captain, firemen, pipemen, engineers 
and drivers, to ride on the apparatus, either in going to or from 


a fire. 


Sec. 140. The engineers and all other employes are required 
to sleep at their respective engine houses; provided, however, that 
one member from each company may have leave of absence for 
one night, each in his turn, as may be arranged by the Captain. 


A violation of this rule shall be cause for dismissal. 


Sec. 141. Any driver of a steam engine, hose carriage or 
hook and ladder carriage, or any other apparatus belonging to 
the Fire Department, who carelessly or wilfully comes into col- 
lision with a vehicle of any kind, while going to or from a fire 
or fire alarm, shall be held responsible for all such damages 
that may occur, which shall be deducted from his wages; but 
all vehicles, horsemen and pedestrians shall give way to fire en- 


gines and apparatus going to a fire. 


Sec. 142. No watchman shall leave his post until regularly 
relieved, and any neglect of duty on his part will be good and 


sufficient cause for removal. 


Sec. 148. It shall not be lawful for any fire company, or mem- 
ber thereof, to destroy or damage any pavement or other public 
or private property, unless it shall be positively necessary to 


preserve or protect property that is in immediate danger of 


1 Infra, Sections 624 to 627, inclusive. 


CITY ORDINANCES. 


CITY TAX ASSESSOR, 


being destroyed or damaged by fire, and then only in obedience 


to the orders of the Chief, or Captain of the company. 


ARTICLE 16. 
CITY TAX ASSESSOR. 
Sec. 144. The City Tax Assessor, elected at the general elec- 
tion, shall qualify as such Tax Assessor on or before the lst day 
of February succeeding his election, and on that day be inducted 


into the office and take up the performance of his duties. 


Sec. 145. The duties of the City Tax Assessor, in assessing 
city property, shall be the same as those now imposed by law 
on the County Assessor. And the office of the said Tax Assessor 


shall be in the City Hall. 


Sec. 146. The salary of the City Tax Assessor shall be three 
thousand dollars? per annum, payable monthly. The said As- 
sessor is authorized and directed to employ an assistant at a 


salary of nine hundred dollars’ per annum, payable monthly. 


Sec. 147. The date of lien for city taxes shall be January 
10th, of each year,’ and the assessment of the City Tax Assessor 


shall be returnable on January 10, of each year. 


Sec. 148. The bond of the City Tax Assessor shall be, and the 
same is hereby, fixed at five thousand dollars, to be approved 


by the Mayor and City Attorney.’ 


AN ORDINANCE fixing the general tax levy for the year 1909. 
Sec. 148a, Subsection 1. Be it ordained by the Legislative Coun- 
cil of the City of Memphis, That a tax rate of $1.58 is hereby 
levied on each $100 for the current year 1909, on each and every 
species of taxable property within the limits of the City of 


Memphis, and subject to the taxing power of the city, including 


1 The date of lien (January 10). Passed August 9, 1906; the balance of Article 
16 passed May 9, 1903. 


2 Under Acts of 1909, salary of Tax Assessor and Assistant is fixed at $4,000 
and $1,500, respectively. 


303 


DUTIES, ETC. 


When to 
qualify. 


Duties. 


Salary. 


Date of lien 
for taxes. 


Bond. 


304 


CITY ORDINANCES. 


TAX LEVY, BUDGET. 


realty, personalty, merchants’ capital, capital invested, corporate | 
stock and capital stock of corporations. 

The tax levy shall be due and payable to the County Trustee 
of Shelby County, for the use of the City of Memphis, on and 
after the final passage of this ordinance, and shall be delinquent 
on the 1st day of August, 1909, and shall then be subject to the 
payment of interest, penalties and costs, as heretofore provided 


by law. 


Subsec. 2. Be it further ordained, That said tax, when col- 
lected, shall be appropriated as follows: For general purposes, 
$1.32; for public school purposes, $0.25; for communicable dis- 


ease hospital purposes, $0.01. 


Subsec. 3. Be it further ordained, That this ordinance take 
effect from and after its final passage, the public welfare requir- 


ing tt" 


AN ORDINANCE to appropriate money out of the proceeds of 
the tax levy for the year 1909 for the purpose of defraying 


the expenses of the city government for the year 1909. 


Sec. 148b. Subsec. 1. Be it ordained by the Legislative 
Council of the City of Memphis, That out of the proceeds of the 
tax levy and budget for the year 1909 there shall be, and is 
hereby appropriated, for the several departments of the city gov- 


ernment, the several amounts following, to-wit: 


For interest on the bonded debt, not more than...... $ 139,440.00 
For interest on front foot assessment bonds, not more 

PA te Sennen nn nn nnn nnn 15,510.00 
For the Police Department, not more than.......... 160,000.00 


For the Fire Department, not more than............ 180,000.00 
For the Board of Health, garbage and street sprink- | 
ling, not more ‘than 4 3284408 eee, Cee 145,000.00 


2 Passed May 10, 1909. 


1 $2,000 appropriated out of Board of Health Department for Commen 
Disease Hospital by ordinance passed in July, 1909. 


CITY ORDINANCES. 


305 


MISDEMEANORS, PRECAUTIONARY REGULATIONS. 


For the City Hospital, not more than............... $ 57,100.00 
Of the foregoing appropriation Bf $57,100 for the City 

Hospital $2,100 is appropriated towards the erec- 

tion and maintenance of a hospital for communica- 


ble diseases. 


For the Lighting Department, not more than...... 80,000.00 
For salary, printing and expense, not more than.... 40,000.00 
For the Water Department, not more than.......... 25,000.00 
For judgments, costs and claims, not more than.... 12,000.00 


For furniture, etc., at the new City Hall, not more 


Sey er oli iy sa acels cs Ga eee sabe eee os 35,000.00 
For streets, bridges and sewers, not more than..... 220,520.00 
Eye) oe, cig yas las ciels's. 0. s 0 oes ecnctanerece $1,109,570.00 


Subsec. 2. Be it further ordained, That this ordinance take 
effect from and after its final passage, the public welfare re- 


quiring it.’ 


ARTICLE 17. 
PRECAUTIONARY REGULATIONS. 
Sec. 149. It shall be deemed a misdemeanor to do or cause 
to be done the following acts, and any person convicted thereof 
before the Mayor‘ shall be fined not less than $1 nor more than 


$50 dollars, unless otherwise herein specifically provided: 


Sec. 150. To build any bonfire, burn any shavings [paper, 
trash or garbage]®, or boil any tar, pitch, resin, turpentine or 
other inflammable substance in any street or alley of the city, 
unless the same be done at least twenty feet from any building, 
boat, lumber yard or other property that might be injured 
thereby, and by the written consent of the Chief of the Fire 


Department, or his assistant. 


3 Passed May 10, 1909. 


4 Under Acts of 1905 City Court and City Judge provided for, 
5 In brackets passed February 24, 1887. 


Acts in: viola- 
tion of fire 
ordinance, 


Bonfire 1n 
street or 
alley. 


306 


CITY ORDINANCES. 


MISDEMEANORS, PRECAUTIONARY REGULATIONS. 


Fireworks. 


Candle or 
lamp in 
stable. 


Discharge 
cannon, gun, 
etc. 


Kindling fire 
with oil. 


Ashes in 
wooden box. 


Sec. 151. To set off or discharge any rockets or other pyro- 
technic display without the consent of the Mayor, who shall 


specify when and where the same may be exhibited. 


Sec. 152. For the owner or occupant of a livery stable, or 
other stable, to use or allow to be used therein, or in any place 
containing hay, straw or other combustible matter, any lighted 
candles or lamps, unless the same be securely kept within a 
tin horn, or glass lantern; or for any person to have, put or 
keep any hay or straw in a stack or pile, without having the 
same inclosed or secured, so as to protect it from flying sparks 


of fire. 


Sec. 153. To fire or discharge any cannon, gun, pistol, fowl- 
ingpiece of firearms of any description, or explode or set off 
any rocket, squib, torpedo, cracker, or any combustible fireworks 
of any description, in the streets, alleys or public grounds of 
the city; provided, that nothing herein contained shall be con- 
strued to extend to any military parade, exercise or review, or 
fireworks exhibited by order of the Mayor, or to any exhibition 
authorized by a permit from the Mayor to exhibit the same for 
public amusement, or to any officer of the city acting in obedi- 


ence to law or ordinance. 


Sec. 154. It shall be a misdemeanor for anyone to light or 
kindle a fire in any house within the city with any kind of 
oil; and anyone convicted before the Mayor of this offense 


shall be ‘fined not less than $1 nor more than $50 for each 


offense.® 


Sec. 155. It shall be a misdemeanor punishable by a fine 
of not less than $1 nor more than $50 for any person to deposit 
ashes in a wooden receptacle within any building, or to leave 


paper, shavings or other combustible trash for an unnecessary 


6 Section 154 passed September 6, 1883. 


CITY ORDINANCES. 


307 


MISDEMEANORS, PRECAUTIONARY REGULATIONS. 


length of time in any building within the limits of the City of 
Memphis.’ 


Sec. 156. To burn out any chimney, stovepipe or flue of any 
building, except when it is raining, or the roof is covered with 


snow, and then only in the daytime. 


Sec. 157. Whenever a fire may occur in this city, if the 
Mayor, two members of the Legislative Council, and Chief of 
the Fire Department shall deem it necessary to pull down, blow 
up or destroy any building to arrest the fire, the said house shall 


be removed or destroyed, as those parties shall direct. 


Sec. 158. It shall not be lawful for any dray, cart, wagon, 
street rail car, or any other vehicle whatever, to pass over any 
of the fire hose belonging to the city or Fire Department, whether 


such hose have water in them or not. 


Sec. 159. It shall be unlawful for any person or persons to 
store, or cause or suffer or permit to be kept or stored, within 
the following limits of the city, to-wit: Between Auction and 
South street, and the Mississippi River and Bayou Gayoso, a 
quantity greater than five barrels in any one locality, of any 
crude petroleum or rock oil, or any camphene or burning fluid, 
or any of the products produced by the distillation of coal, pe- 
troleum or rock oil, asphaltum, shale or peat, known under the 
various names of coal oil, petro oil, naphtha, kerosene, benzine 
or benzole; the five barrels hereby allowed to be kept in any 
one locality shall be kept in tin cans, and shall not be drawn 
or sold by any artificial light. Any person or persons guilty 
of a violation of this section, in letter or spirit, shall, upon con- 
viction thereof before the Police Court, be fined in any sum not 


less than $1 nor exceeding $50 for each and every offense. The 


7 Section 155 passed October 6, 1892. 


Burn out 
chimney at 
night or in 
dry weather. 


Blowing up 
buildings to 
destroy fire. 


Vehicle shall 
not drive 
over hose. 


Unlawful to 
store certain ’ 
combustible 
articles— 
where. 


Penalty for 
violation. 


308 


CITY ORDINANCES. 


MISDEMEANORS, PRECAUTIONARY REGULATIONS. 


Lumber yard 
not to be es- 
tablished 
—where. 


Stocks of 
lumber limit- 
ed to 500,- 
000 feet. 


Lumber not 
to be piled 
nearer than 
50 feet of 
buildings. 


Penalty for 
violation. 


Electric 
wires—how 
run. ‘ 


articles herein named shall not be stored outside of the limits 
herein specified, unless in fire-proof buildings, located by and 
with the approval of the Chief of the Fire Department, and. 
with a sign conspicuously placed on the outside thereof desig- 


nating the character of storage.* 


Sec. 160.2. No person, firm -or corporation shall hereafter estab- 
lish any lumber yard, or place for the storage, piling or deposit 
of lumber within the following limits of the city, viz.: West 


of Bayou Gayoso, south of Auction and north of South street.’ 


Sec. 161.2 The lumber yards, or places for the storage, piling 
or deposit of lumber already established within the limits afore- 
said are forbidden hereafter to keep on hand more than 500,000 
feet, board measure. But in cases where more than that quantity 
is already on hand the same may remain until the amount is 
reduced by sales or otherwise to the quantity above stated, no 
additions to or replenishments thereof to be made so long as 
the stock remains above the maximum above provided for, or so 
as to carry the amount above said maximum after the stock on 


hand shall have been once reduced thereto.* 


Sec. 162.2 Where lumber is kept or piled by the owners of or 
in connection With planing mills or other manufacturing estab- 
lishments, the same shall not be piled or kept nearer than 50 


feet to the buildings in which the machinery is located.* 


Sec. 163.2 Any violation of the three foregoing sections shall 
be a misdemeanor, and punishable on conviction by a fine of not 


less than $1 nor more than $50. 


Sec. 164. All electric wires constructed, or to be constructed, 


within the City of Memphis shall be run in a straight line from 


1 An ordinance known as the ‘‘Building Ordinance’’ amends this section in part. 
See Infra, Sections 1033 and 1084. 


2 Passed April 1, 1886. 
3 Sections 160 to 163 passed April 1, 1886. 


CITY ORDINANCES. 


309 


MISDEMEANORS, PRECAUTIONARY REGULATIONS. 


the street to the top of the building, and thence on insulators to 


the place where they enter or project from the building~* 


Sec. 165. No dead wire or wires not in use shall be permitted; 
and all dead wire or wires not in use shall be at once removed 
by the party or company who owns or operates or controls or 


manages the respective electric lines or routes within the city.* 


Sec. 166. An examination of the insulation of all high-tension 
electric current lines shall be made by every electric line or elec- 
tric company in the city each and every week, and a written 
report thereof filed by the owner or user of each and every such 
electric line, each and every week, showing the true condition 
thereof; said report shall be filed as aforesaid with the Chief 


of the Fire Department or with the Legislative Council.* 


Sec. 167. When different electric lines cross each other, when 
a high-tension current is used, such current approximating 500 
volts, guard-wires shall be placed by such company or com- 
panies in such position and in such manner as the Chief of the 
Fire Department and City Electrician may direct and approve, 
and when such current is used the entire line shall be guarded 
and protected in such manner as the City of Memphis may 


from time to time direct. 


Sec. 168. No electric work done under this ordinance, or any 
other, shall be deemed complete and satisfactory, unless the 
Chief of the Fire Department and the City Electrician shall 
first accept the same in writing, and such acceptance duly filed 
with the Legislative Council, and no company or person using 
an electric current approximating 500 volts shall be permitted to 
use a wire except of the best character, known and used for 


such high-tension current, and the same shall have been first 


SS SS Ee EEE Eee 


4 Sections 164 to 169 passed April 9, 1891. 


Dead wires 
not. permitted. 


Report of in- 
sulation of all 
high tension 
electric lines 
to be made 
every week. 


Guard wires 
to be placed 
where high 
tension cur- 
rent is used. 


Electric work 
and wires to 
be approved 
by Fire Chief 
and City ¢ 
Electrician. 


310 


CITY ORDINANCES. 


MISDEMEANORS, PRECAUTIONARY REGULATIONS. 


Penalty for 
violation of 
electric 
ordinance. 


Electric 
wires not to 
be used ex- 
cept under 
rules and 
regulations. 


Chief of Fire 
Department 
shall inspect 
all wires, etc. 


approved in writing by the Chief of the Fire Department and 
the City Electrician, and filed with the Legislative Council.® 


Sec. 169. Any violation of any of the provisions of the fore- 
going ordinance, or a failure to comply with any of them, by 
any party, company or individual, or the agent or manager or 
employe of any such electric company, party or individual, is 
hereby declared to be a misdemeanor, and shall subject the 
offending party or parties to a fine of not less $1 nor more 
than $50 for each and every offense, and that each and every 
day that any dead wire or unused wires are permitted to re- 
main unremoved shall constitute a separate offense, punishable 


under the provisions of this ordinance.°® 


Sec. 170. No wires or other electric conductors shall be here- 
after erected or maintained for lighting or supplying of electric 
power for any purpose on or in any building or any portion 
thereof, or on the streets or alleys of this city, except under the 
rules and regulations which are on file in the Secretary’s 


office.® 


Sec. 171. The Chief of the Fire Department, in addition to 
the duties now required of him, shall have the power, and on 
proper application it shall be his duty to inspect, or have in- 
spected, any wires placed in or on any buildings or on the 
streets and alleys of this city, designed to be used as conductors 
of electricity for lighting the same, or any portion thereof, or 
the supplying of electric power for any purpose. Notice shall 
be given to the Chief of the Fire Department before the plac- 
ing of wires is begun, and the Chief of the Fire Department 
notified when such work is under way, and it must at all times 
be open for his inspection, and no concealed work shall, under 


any circumstances, be permanently covered until passed upon by 


5 Sections 164 to 169 passed April 9, 1891. 
6 Passed August 8, 1895. 


CITY ORDINANCES. 


311 


MISDEMEANORS, PRECAUTIONARY REGULATIONS. 


him.” If, after making a careful examination -of such wires, 
he shall decide that all requirements of said rules and regula- 
tions have been complied with, a certificate of inspection, bear- 
ing the date and description of the result, signed by the Chief 
of the Fire Department, shall be delivered to the person for 


whom the inspection was made.® 


Sec. 172. It shall be the duty of the Chief of the Fire De- 
partment to keep a record of all inspections made by him and 
for whom made, and to make a yearly report of the same to 
December 31, of each year, to the Mayor and to the Legislative 


Council.® 


Sec. 173. 


system of wiring in or on any building, or any portion thereof, 


No alterations or additions shall be made in any 


or on the streets or alleys of this city, nor shall any system 
of wiring in or on any building, or any portion thereof, or any 
street or alley of this city, which has been temporarily out of 
service for any time, be used again as electric conductors with- 
out first notifying the Chief of the Fire Department, and in con- 


formity with the rules and regulations aforesaid.t 


Sec. 174. It shall also be the duty of the Chief of the Fire 
Department to reinspect, or have reinspected, wires used as 
electric conductors in or on any building, or portion thereof, or 
in any of the streets or alleys, whenever in his judgment he 
shall deem such reinspection necessary, and the Chief of the 
Fire Department shall have the authority to forbid the use of 
electric conductors or apparatus which shall not conform to said 


rules and regulations. 


7 This duty is now imposed upon the City Electrician. 
6 Passed August 8, 1895. 
1 Sections 170 to 175 inclusive passed August 8, 1895. 


Record of all 
inspections 
of wires to 
be kept. | 


No alterations 
to be made in 
wiring, etc., 

without notify- 
ing Fire Chief. 


Fire Chief 
shall re-in- 
spect wires 
whenever 
necessary. 


312 


CITY ORDINANCES. 


BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. 


Penalty for 
violation of 


electric ordi- 


nance, 


Board of 
Health—how 
constituted. 


Duty of 
President. 


Contagious 
diseases of 
animals. 


Sec. 175. Any person or corporation who shall violate any 
of the provisions of this ordinance shall be subject to a fine of 
not less than five ($5) dollars, nor more than fifty ($50) dollars, 


and to a like fine for each day during which they shall continue 


such violation. 


ARTICLE 18. 
BOARD OF HEALTH AND HEALTH ORDINANCES. 


Sec. 176.°. There is hereby established a Board of Health in 


‘and for the City of Memphis, to be composed of the Chief of 


Police, one physician, who shall have practiced his profession 
for not less than five years prior to his appointment; a Secre- 
tary, who shall be a physician in good standing, and one police- 
man. Said Board shall be appointed as provided in the fifteenth 
section of an act passed January 29, 1879, Chapter 11, p. 15. 


Sec. 177. It shall be the duty of the President of the Board 
to preside at all meetings of the Board of Health, and see that 
all health regulations are properly executed, and he shall make 
an annual report, embracing all transactions of the Board of 
Health for the preceding year to the Legislative Council at the 
regular meeting in January of each year, with such suggestions 


as may seem of interest to the health of the city. 


Sec. 178. The Board of Health of the city shall have the 
general supervision of all communicable diseases among domestic 
animals within, or that may be in transit through the city, and 
they are hereby empowered to establish quarantine against any 
animal thus diseased, or that has been exposed to others thus 


diseased, whether within or without the city, and may make 


1 Sections 170 to 175 inclusive passed August 8, 1895. 


2 As to State Board of Health, see Acts of 1887, Chapter 98, pp. 120-2; also 
duties of Municipal Boards of Health as to power, Ib. p.122. The jurisdiction of these 
Municipal Boards is also extended one mile from the corporation line—Acts of 1877, 
Chapter 28, pp. 41-2. See also Acts of 1879, Chapter 151, pp. 190-2, further as to 
the State Board of Health. 


CITY ORDINANCES. 


313 


BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. 


such rules and regulations against the spread and for the sup- 
pression of such disease or diseases as in their judgment may 


seem necessary and proper.’ 


Sec. 179. It shall be the duty of the health officer to carry 
out all the orders of the Board of Health and the laws of the 
state and ordinances of the city in relation to the sanitary regu- 
lations of the city; to proceed, from time to time, to make a 
thorough and systematic examination of the city, and cause all 
nuisances to be abated with all reasonable promptness. And 
for the purpose of carrying out the foregoing requirements, he 
shall be permitted at all times, from the rising to the setting 
of the sun, to enter into any house, store, stable or other build- 
ing, and to cause the floors to be raised, if he shall deem neces- 
sary, in order to a thorough examination of cellars, vaults, sinks 
or drains; to enter upon all lots or grounds, and to cause all 
stagnant waters to be drained off, the pools, sinks, vaults, drains 
or low grounds to be cleansed, filled up, or otherwise improved 
or amended; to cause all privies to be cleansed and kept in good 
condition, and to cause all dead animals, or other noxious or un- 
wholesome substances, to be buried or removed beyond the limits 


of the city. 


Sec. 180. In order to the carrying out of the provisions of 
the foregoing section, it shall be the duty of the health officer 
to serve a notice in writing upon the owner, occupant or agent 
of any lot, building or premises in or upon which any nuisance 
may be found, or who may be the owner or cause of any such 
nuisance, requiring him to abate the same in such manner as he 
Shall prescribe, within reasonable time; provided, that it shall 
hot be necessary in any case for the health officer to specify in 
his notice the manner in which any nuisance shall be abated, 


unless he shall deem it advisable so to do; and such notice may 


3 Section 178 passed April 26, 1894. 


Duties of 
health officer. 


Health of- 
ficer shall re- 
quire nuisances 
to be abated. 


314 


CITY ORDINANCES. 


BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. 


Examine and 
cause remov- 
al of all per- 
sons with in- 
fectious dis- 

eases. 


be given or served by any officer who may be directed or deputed 
to give or make the same; and if such owner, occupant or agent 
shall neglect or refuse to comply with the requirements of such 
order within the time specified, he shall be subject to a fine of 
not less than five dollars nor more than fifty dollars for every 
such violation; and it shall be the duty of said officer to pro- 
ceed at once, upon the expiration of the time specified in said 
notice, to cause such nuisance to be abated; provided, that when- 
ever the owner, occupant or agent of any premises in or upon 
which any nuisance may be found is unknown or cannot be 
nd, the said health officer shall proceed to abate the same 
without notice; and in either case it shall be the duty of the 
attorney immediately to heen an action against the owner 


of the property to recover the cost of abating such nuisance. 


Sec. 181. It shall be the further duty of the health officer 
to visit and examine all sick persons who shall be reported to 
him as laboring, or supposed to be laboring, under any yellow or 
ship fever, smallpox, cholera, or any infectious or pestilential 
disease, and, under the advice of the President of the Board of 
Health, cause all such infected persons to be removed to the 
cholera, smallpox or other hospitals, or to such other safe and 
proper place as he may think proper, or shall be directed by 
the said President, not exceeding four miles from said city, 
and cause them to be provided with suitable nurses and medical 
attendance, at their own expense, if they are able to pay for 
the same, but if not, then at the expense of the county, as pro- 


vided for in Sections 1729 and 1730 of the Code of Tennessee.’ 


1 These sections are as follows: 

§ 1729. If it happens at any time that the smallpox, or other contagious dis- 
ease, exists in any county in the State, or the County Court entertains a well- 
grounded belief that such disease does exist in the county, the Court shall adopt 
such measures as it may think best to put a stop to the same. 

§ 1730. The necessary expense of such measures shall constitute a county 
charge, and the Court may order payment of the same out of the county treasury. 


CITY ORDINANCES. 


315 


BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. 


Sec. 182. It shall be the further duty of the health officer, 
when directed by the President of the Board of Health, to cause 
a notice, printed or written in large letters, to be placed upon 
or near any house in which any person may be affected or sick 
with smallpox, upon which shall be written or printed the words, 
“smallpox here;” and if any person or persons shall deface, 
alter, mutilate, destroy or tear down any such notice without 
permission of the Board of Health, or of the health officer, 
such person or persons shall be liable, for each offense, to pay a 
fine of not less than twenty-five nor more than fifty dollars; the 
occupant of any house upon which such notice shall be placed 
or posted as aforesaid, shall be held responsible for the removal 
of the same, and if the same shall be removed without the per- 
mission of the Board of Health, or of the health officer, such 
occupant shall be subject to the like fine of not less than twenty- 
five nor more than fifty dollars, unless he shall notify the Board 
of Health, or the health officer, within twenty-four hours after 


the removal of such notice. 


Sec. 183. One member to be selected by the President of the 
Board of Health, who shall be a physician, shall act as Secre- 
tary of said Board, and shall keep all its records, books and 
papers and attend to the preparation and collection of vital 
statistics. He shall also make monthly reports to the Legislative 
Council of the proceedings of the Board of Health, and of all 
other matters interesting or necessary to be known in reference 
to the health of the city. 


Sec. 184. And it shall also be the duty of the Secretary of the 
Board of Health to visit and attend the sick prisoners in the 
hands of the city, and give all such prisoners the benefit of his 


professional services.2 


EE ee a 


2 Section 184 passed July 10, 1880. 


Shall post 
notice of 
smallpox. 


Secretary— 
how selected 
—powers and 
duties. 


Shall attend 
sick prison- 
ers, 


316 


CITY ORDINANCES. 


BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. 


Office for Ed. 
of Health and 
Dispensary td 
be provided. 


Chief of Po- 
lice shall as- 
sist in enfore- 
ing health 
ordinances. 


Signification 
of terms used 
in health 
ordinance. 
‘“‘Board.’’ 
*“Person,’’ 
‘‘owner,’’ ete. 


Sec. 185. The Board of Public Works shall provide an office 
for the Board of Health, to be centrally located, and the city 
shall provide medicines and establish and maintain a dispensary 
at the said office, under the charge of the Secretary, whose duty 
it shall be to keep his office open, and to dispense the medicines 
to indigent persons under rules and regulations to be prescribed 
by the Board of Health, during at least four hours of each day. 
[The services of all persons now connected with said dispensary, 
except that of said Secretary, and of a maid, and the services of 
an assistant for three months to assist in vaccination work, 


will cease. |* 


Sec. 186. For the purpose of carrying the provisions of this 
ordinance into effect, the health officer shall have power to call 
upon the Chief of Police for a detail of a man or men at such 
time as he may think proper, and upon such application, the 
Chief of Police shall furnish such man or men; and as often as 
may be requisite, to make a thorough and systematic examina- 
tion of the city, and to ascertain and report to the proper author- 
ity, for prosecution, all violations of this ordinance; and for 
this purpose they shall be permitted, at all times, ie vie and 
enter into or upon any building, lot or grounds, within the juris- 


diction of the city, and to make examination thereof. 


Sec. 187. That the terms “Board,” “this Board,’ and “said 
Board,” shall be held to mean the “Board of Health of the City 
of Memphis;” that the words “person,” “owner,” ‘tenant,’ 
“lessee,” “‘occupant,”’ ‘“‘contractor,” “party,” “manager,” “board” 
and “officer,” shall respectively be held to apply to and include, 
both jointly and severally, each and all owners, part owners, 
tenants, lessees, occupants, managers, contractors, parties 
in interest, persons, officers, boards and corporations, own- 


ing or controlling, in whole or in part, and either temporarily or 


3 In brackets resolution adopted December 12, 1907. 


CITY ORDINANCHES. 


317 


BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. 


permanently, any property within the limits or jurisdiction of 
the City of Memphis; that every word or phrase anywhere herein 
defined shall be held to include the same sense wherever used; 
that the words “city,” “‘City of Memphis,” or “said city,” wherever 
used herein, shall be held to mean the Taxing District provided 
by Acts of 1879, Chapter 11, passed January 29, 1879; that the 
word “regulation” shall be held to include all “special regula- 
tions,” and that all words and phrases herein defined shall also 
include their usual and natural meanings, as well as those herein 


specially given. 


Sec. 188. That the word “street” when used in this ordinance, 
shall be held to include avenues, sidewalks, gutters and public 
alleys; and the words “public place’ shall be held to include 
parks, docks and wharves, and water, and open spaces thereto 
adjacent, and also public yards, grounds and areas, and all open 
spaces between buildings and streets, and in view of such street; 
the word ‘ashes’ shall be held to include cinders, coal and 
everything that usually remains after fires; the word ‘‘rubbish,” 
shall be held to include all the loose and decayed material and 
dirt-like substances that attend the use or decay, or which ac- 
cumulate from buildings, storing or cleaning; the word “garb- 
age” shall be held to include every accumulation of both animal 
and vegetable matter, liquid or otherwise, that attends the 
preparation, decay and dealing in or storing of meats, fish, fowl, 
birds or vegetables; and the word “dirt” shall be held to mean 


natural soil, earth and stone. 


Sec. 189. That a “tenement house” shall be taken to mean 
and include every house, building, or portion thereof which is 
rented, leased, let or hiréd out to be occupied, or is occupied as 
the house, home, or reside ace of more than three families living 
independently of one anot..2r, and doing their cooking upon the 


premises; or by more than two families upon a floor, so living 


“City.” 


“‘Regulation.’’ 


**Street.’’ 


**Public 
place.’’ 


**Ashes..”” 


**Rubbish,’”’ 


**Garbage.’’ 


Ditties 


“Tenement 
house,’’ 


318 


CITY ORDINANCES. 


BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. 


“Lodging 
house.’’ 


*“Cellar.’’ 


‘Boarding 
house.’’ 


‘*Manufac- 
COLVsa- 


‘‘Saloon.”’ 


‘‘Theater.’’ 


‘“Physician.’”’ 


and cooking, but having a common right in the halls, stairways, 
yards, water-closets or privyies, or some of them. A “lodging- 
house” shall be taken to mean and include any house or build- 
ing, or portion thereof, in which persons are harbored or re- 
ceived, or lodged for hire for a single night, or for less than a 
week at one time, or part of which is let for any person to sleep 
in for any term less than a week. A “cellar” shall be taken to. 
mean and include every basement or lower story of any building 
or house of which one-half or more of the height from the floor 
to the ceiling is below the level of the street adjoining. The 
phrase “boarding-house” shall be held to include any building, 
and any story and portion thereof which is at any time, or 
usually used, leased or occupied, or intended so to be, by any 
number of persons exceeding three, as boarders thereat. The 
word “manufactory” shall be held to include every building and 
every story and portion thereof, in which any sort of labor or 
work is done which calls for the continual or usual presence of 
several persons during several hours of the day or night engaged 
about said work or labor; and the word ‘saloon’ shall be held 
to include every portion of any building in which the business 
of selling meals, liquors, drink or refreshment of any kind, shall 


be conducted, and includes concert saloons. 


Sec. 190. That the word “theater” shall be held to include the 
building, rooms, and places where any play, concert, opera, circus, 
trick of jugglery, show, gymnastic or other exhibition, ‘mas 
querade, public dance, drill, lecture, or other public or frequent 
gathering or amusement are, is or may be held, given, performed 
or take place, and the approach or approaches to and appurten- 


ances thereof. 


Sec. 191. That the word “physician” shall include any person 
who practices about the cure of the sick or injured, or who has 


charge of or professionally prescribes for any person sick, in- 


CITY ORDINANCES. 


319 


BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. 


jured or diseased, and any person who pursues the business of 
or acts as midwife; that the phrase “contagious disease” shall 
be held to include all persons sick, affected or attacked by or of a 
disease of an infectious, contagious or pestilential nature, more 
especially, however, referring to cholera, yellow fever, smallpox, 
diphtheria, typhus, typhoid and scarlet fevers, and also including 
any new disease of an infectious, contagious or pestilential 
nature, and also any other disease publicly declared by this 
Board dangerous to the public health; and every physician in 
said city shall at all times cause his or her name, office and resi- 
dence, and also his or her kind and class of practice, to be prop- 


erly registered at the office of the Board of Health. 


Sec. 192. That the word ‘meat’? whenever herein used, in- 
cludes every part of any land animal and eggs; and the word 
“fish” includes every part of any animal that lives in water, or 
the flesh of which is not meat; and the word “vegetable” includes 
every article of human consumption as food which (not being 
meat, or fish, or milk), is held or offered, or intended for sale or 


consumption as food for human beings, at any place in said city. 


Sec. 193. That the word ‘cattle’ shall be held to include all 
animals, except birds, fowl and fish, of which any part of the 
body is used as food; the word “butcher” shall be held to include 
whoever is engaged in the business of keeping, driving or 
slaughtering any cattle, or in selling any meat; the words 
“private market” shall include every store, cellar, stand and 
place (not being part of a public market) at which the business 


is the buying, selling or keeping for sale of meat, fish or vege- 
tables for human food. 


Sec. 194. That every contractor in this ordinance referred to, 
and every person who has contracted or undertakes, or is bound 
to do, is engaged in doing, any one of these things in respect to 


which this ordinance contains provisions or regulations, shall 


‘“‘Contagious 
disease.’”’ 


““Meat.’’ 


‘‘Vegetable.’’ 


*“Cattle.”’ 


‘*Private 
market.’’ 


All persons 
must comply 
with direc- 
tions of this 
ordinance. 


320 


CITY ORDINANCES. 


BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. 


Officers of 
Bd. of Health 
only shall 
issue health 
certificate. 


Poisons not 
to be sold ex- 
cept for law- 
ful purpose. 


Opium smok- 
ing forbidden. 


Poisons, 
opium, etc., 
to be proper- 
erly labeled. 


Law as to 
poisonous 
substances to 
be observed. 


comply with this ordinance to the extent that any contract, obli- 
gation or duty requires or permits, and no direction of any con- 
tractors or persons shall excuse him for non-compliance with 


any part of this ordinance. 


Sec. 195. That every person shall observe and obey each and 
every special regulation, and every order of the Board of Health 
that is or may be made for carrying into effect any of the pro- 


visions or powers hereinbefore or hereinafter contained. 


Sec. 196. That no person, officer or board within said city, 
except the Board of Health and its proper officers, shall sign, 


grant or deliver any certificate or bill of health. 


Sec. 197. 


held for sale, or sold, except for lawful purposes and with 


That no poisonous medicine or substance shall be 


proper motives, and by persons competent to give proper direc- 
tions and precautions as to the use thereof; nor shall any opium- 
smoking be permitted or done by any one at his or her business- 
house, place of business, boarding house, dwelling house, or other 
house or place; nor shall any bottle, box, parcel or receptacle 
thereof be delivered to any person, unless the same is marked 
“poison,” nor to any person who the party delivering the same 
has reason to think intends it for any illegal or improper use or 
purpose; nor shall any one keep for sale, give away, or have or 
loan for use, with or without hire or award, any opium or other 
deleterious drug, to be smoked, inhaled, or otherwise used, nor 
any pipe, instrument or receptacle by which such thing may be 
done: and if such instrument, receptacle or pipe is at any time 
found by the police, they shall take the same to the police 
headquarters, that the same may be destroyed under orders of 


the Chief of Police. 


Sec. 198; 


or keep at any place of sale, any “‘poisonous, unwholesome, de- 


That no person shall make, offer or have for sale, 


CITY ORDINANCES. 


321 


BOARD OF HEALTH, OFFICERS, SANITARY REGULATIONS, ETC. 


leterious or adulterated drugs, medicines or food,” or in respect 
thereto omit any act or thing required or do any act forbidden by 


any law or health regulation of said city. 


Sec. 199. That no person shall hereafter erect or cause to be 
erected, or converted to a new purpose by alteration, any build- 
ing or structure which, or any part of which, shall be inadequate 
or defective in respect to strength, ventilation, light, sewerage, 
or of any other usual, proper or necessary provision or precau- 
tion; nor shall the builder, lessee, tenant or occupant of any 
such building or structure cause or allow any matter or thing 
io be or to be done in or about any such building or structure 
dangerous or prejudicial to life or health. And if, in the opinion 
of the Board of Health, any building or structure is in an un- 
sanitary condition, and if, upon inspection, it is condemned for 
this reason as a nuisance, and in its opinion it is necessary on 
this account that the same be torn down, or otherwise destroyed, 
the owner or his agent shall be at once notified, by direction of 
said Board, to have such building or structure reconstructed in 
accordance with the laws of the city, or removed at once, and 
the premises put in a sanitary and otherwise safe condition, and 
if within forty-eight hours from such notice the thing notified 
to be done is not commenced, and prosecuted with due diligence 
till finished, then it shall be the duty of the Engineer, under the 
direction of said Board, to have the same done, and certify the 
costs thereof to the attorney, whose duty it shall be to collect 
the same off of the owner; and if no owner can be found, the 
work shall be done under the supervision of the Board of Health 
and engineer, and the costs thereof made out of the property 
by the attorney, either by sale of or renting out the same, and 
if, upon inspection of any cistern or well within the city, it is 
found in an unhealthy condition, the said Board shall take such 
steps as to render such cistern or well healthy; and if necessary 


to this end, it shall have such cistern or well closed up, in the 


Buildings 
must be erect- 
ed with prop- 
er light, ven- 
tilation, 
sewerage, etc. 


Owner of un- 
sanitary 
building no- 
tified by Bd. 
of Health to 
put same in 
sanitary 
order. 


Procedure in 
case owner 

or agent fails 
to put prem- 
ises in sani- 
tary condition. 


Procedure if 
no owner can 
be found. 


Inspection 
of wells and 
cisterns. 


3227 


CITY ORDINANCES. 


BOARD OF HEALTH, OFFICERS, SANITARY REGULATIONS, ETC., 


Destruction 
of houses or 
walls. 


Notice to be 
posted on 
dangerous 
buildings. 


manner provided in this section for removing unhealthy struc- 
tures; and all the structures, wells and cisterns’ in the city shall 
be inspected by direction of said Board at least once every three 
months, or oftener, if necessary, and its officers and the sanitary 
police shall be allowed ingress and egress to all premises for 
this purpose; provided, that no house shall be taken down or 
destroyed without tne concurrence of the Legislative Council; 
[and provided. further, that the Board of Fire and Police Com- 
missioners, when informed by the City Engineer are the Chief 
of ine Fire Department’ or either of them, that ie building, 
wall or structure of any character whatsoever cs in danger of im- 
mediately falling, or that its condition is such as to immediately 
endanger persons or property in the neighborhood thereof, may 
yequire the owners and occupants thereof to take down or re- 
move the same, or to take such other steps as may in their 
judgment be necessary to protect persons and property from the 
threatened and imminent injury, or the said Board may, if the 
circumstances and imminent danger require it, have the same re- 
moved, or have such steps taken by the City Engineer as may be 
necessary to protect persons and property from such threatened 


injury. ] 


Sec. 200. Hereafter, when any building or erection within the 
city shall become dangerous, or a nuisance, and shall on this 
account be condemned by the Board of Health or Chief of the 
Fire Department, it shall be the duty of the said Board to place 
notices on some conspicuous place thereon of the dangerous char- 
acter of the building or erection, and it shall be a misdemeanor, 
punishable by a fine of not less than one nor more than fifty 


dollars, upon conviction before the Police Court, for any one to 


1 In brackets amendment passed February 24, 1896. (Amended by Building 
Ordinance passed November 25, 1902.) 


CITY ORDINANCES. 


323 


BOARD OF HEALTH, OFFICERS, SANITARY REGULATIONS, ETC. 


tear down or deface such notice, unless by permission of the 
President of the Board of Health or Chief of the Fire De- 


partment.’ 


Sec. 201. That no owner or lessee of any building, or any part 
thereof, shall lease or let, or hire out the same, or any portion 
thereof, to be occupied by any person, or allow the same to be 
occupied as a place in which, or for any one, to dwell or lodge, 


except when said buildings, or such parts thereof, are sufficiently 


lighted, ventilated, provided and accommodated, and are in all’ 


respects in that condition of cleanliness and wholesomeness for 
which this ordinance provides. Nor shall any such person rent, 
hire, let or allow, having power to prevent, to be used as or for 
a place of meaning or residence, any portion or apartment of any 
building, which apartment or portion has not at least two feet 
of its height as a space above the level-of every part of the side- 
walk and curbstone of any adjacent street; nor of which the 
floor is damp by reason of water from the ground, or which is 
impregnated or penetrated by any offensive gas, smell or exhala- 
tion prejudicial to health. But this section shall not prevent the 
leasing, renting or occupancy of cellars or rooms less elevated 
than aforesaid, and as a part of. any building rented or let, 
when they are not let or intended to be occupied or used by any 
person as a sleeping apartment, or as a principal or sole dwelling 


apartment. 


Sec. 202. That no person, having the right and power to pre- 
vent the same, shall knowingly cause or permit any person to 
Sleep or remain in any cellar, or in any place dangerous or 
prejudicial to life or health by reason of a want of ventilation 
or drainage, or by reason of the presence of any poisonous, 


noxious or offensive substance, or otherwise.® 


2 Section 200 passed March 21, 1892. 
8 Sce Building Ordinance, Article 51, Supra. 


Unsanitary 
buildings 
shall not be 
rented. 


Rooms shall 
not be rented 
for sleeping 
purposes 
which are 
unsanitary. 


No person 
shall cause 
others to oc- 
cupy unsani- 
tary sleeping 
apartments. 


324 


CITY ORDINANCES. 


BOARD OF HEALTH, OFFICERS, SANITARY REGULATIONS, ETC. 


Tenement 
and lodging 
house keep- 
ers shall not 
overcrowd. 


Theaters not 
to be over- 
crowded or 
dangerous in 
construction 
or unsanitary. 


Fire escapes 
—in what 
cases re- 
quired. 


Privies for 
fodging and 
tenement 
houses and 
factories, 
ete., to be 
provided. 


Sec. 203. That no owner, lessee or keeper of any tenement- 
house, lodging-house, boarding-house, or manufactory, shall cause 
or allow the same to be overcrowded, or cause or allow so great 
a number of persons to dwell, be, or sleep in any such house, or 
any portion thereof, as thereby to cause any danger or detriment 
to life or health. 


Sec. 204. That no person, being the lessee, manager, conductor 
or owner of any theater, shall cause, or permit or allow the same 
or any part or appurtenance thereof, to be so far overcrowded, 
or inadequate, faulty or insufficient in respect of strength, ingress 
or egress, cleanliness, ventilation, or in any other particular, as 
that thereby, or by reason thereof, any avoidable peril shall 
come, or happen to, or be incurred or suffered by any person 


being properly at or in any such theater. 


Sec. 205. The proprietor, lessee, occupant, or person in charge 
of each and every hotel, theater, public hall or public building 
in the city, or any building where manufactories, dress-making, 
millinery, or any other kind of work whatsoever, in the third 
story, or any story above the third story of said building, is 
done, is hereby required to provide safe and sufficient fire escapes 
from each and every story of the same; to be constructed under 
the supervision and to the entire satisfaction of the City En- 
gineer and the Chief of the Fire Department,’ and each day’s 
failure to provide the same, or any part thereof, or to keep the 
same, or any part thereof, in good repair, shall be deemed a 


distinct and separate offense.’ 


Sec. 206. That every person who shall be the owner, lessee 
or keeper, or manager of any tenement-house, boarding-house, 


iodging-house, or manufactory, shall provide, or cause to be pro- 


1. Now under control of Building Commissioner. See Article 51, ‘‘Building 
Ordinance,’’ Sections 802 et al. ; 

2 Section 205 passed April 8, 1880. See Acts of 1879, Chapter 5, page 6, as to 
duty of municipal corporations to provide safeguards against fire, etc., in theaters, 
hotels, ete. 


CITY ORDINANCES. 


325 


BOARD OF HEALTH, OFFICERS, SANITARY REGULATIONS, ETC. 


vided, for the accommodation thereof, and for the use of the 
tenants, lodgers, boarders and workers thereat, adequate privies 
or waterclosets, and the same shall be so adequately ventilated, 
and shall at all times be kept in such cleanly and wholesome 
condition as not to be offensive, or be dangerous or detrimental 
1o life and health. And no offensive smell or gases, from or 
through any outlet or sewer, or through any such privy or water- 


closet, shall be allowed by any person aforesaid to pass into such 


house or any part thereof, or into any house or building. 


Sec. 207. That every owner, lessee, tenant and manager of 


any bcarding-house or manufactory, shall cause every part 
thereof, and its appurtenances, to be put, and shall thereafter 
cause the same to be kept, in a clean and wholesome .condition, 
and shall speedily cause any department thereof in which any 
person may sleep, dwell or work, to be adequately lighted and 
ventilated and if the same be a manufactory shall cause every 
part thereof in which any person may work to be maintained at 
such temperature, and be provided with such accommodations 
and safeguards as not, by reason of the want thereof, or for 
anything about the condition of any such manufactory, or its 


appurtenances, to cause unnecessary danger or detriment to the 


life or health of any person being properly therein or thereat. 


Sec. 208. That no keeper or other person having control or 
authority in any jail, prison or other place where any person 
may be kept or confined, shall needlessly or illegally cause or 
allow any peril or detriment to the life or health of any such 
person, by reason of too little or too much heat, or of a want of 
food, drink, or ventilation, or from the want or neglect of any 


other reasonable care, protection or precaution. 


Sec. 209. That every person, when cleaning any street, shall 
clean, and every contractor shall cause to be cleaned, the gutters 


and parts of the streets along which the water will run, before 


Boarding 
houses and 
manufactories 
to be kept in 
sanitary and 
well venti- 
lated con- 
dition, 


Jails and 
prisons to be 
sanitary. 


Refuse from 
gutters and 
streets not to 
pass into 
sewer. 


326 


CITY ORDINANCES. 


BOARD OF HEALTH, OFFICERS, SANITARY REGULATIONS, ETC. 


Drain, soil 
pipe and 
sewer con- 
nection to be 
képt free. 


Sufficient 
water to be 
used to flush 
sewer. 


Sewers and 
drains to be 
properly 
constructed. 


using any water to wash the same, and no substance that could 
be before scraped away, shall be washed or allowed to be carried 
or be put into the sewer, or into any receptable therewith con- 


nected. 


Sec. 210. That it shall be the duty of every person using, 
making or having any drain, soil-pipe, passage or connection 
between any sewer and any ground, building, erection or place 
of business, and in like manner the duty of the owner and tenant 
of all grounds, buildings and erections, and of the parties in- 
terested in such place of business, or the business thereat, and 
in like manner the duty of all boards, departments, officers, and 
persons (to the extent and authority of each) to cause and re- 
quire that such drain, soil-pipe, passage ait connection shall at 
all times be adequate for the purpose, and shall convey and allow 
freely and entirely to pass whatever enters or should enter the 


Same. 


Sec. 211. That it shall be the duty of all boards, departments, 
officers and persons having power or authority so to do or require 
(and to the extent thereof), to cause to be used sufficient water, 
and other adequate means to be taken; so that whatever sub- 
stances may enter any sewer shall pass speedily along and from 
the same, and sufficiently far into some water or proper reservoir, 
so that no accumulation shall take place, and no exhalations 


thence proceed, dangerous or prejudicial to life or health. 


Sec. 212. That the proper officers and authorities shall, to the 
extent of their power and ability, cause the sewers and drains © 
of said city to be so well located and constructed, so adequate in 
size, and to be so kept in repair and cleaned, and so adequately 
supplied with water, and with such proper arrangements and 
constructions, that life and health shall not be needlessly exposed, 
or suffer unnecessary peril or detriment by their neglect, or by 
reason of the defects or deficiencies of any sewers’ or drains, or 


the want thereof. 


CITY ORDINANCES. 


PURE FOOD REGULATIONS. 


“Pe 213. That it shall be unlawful for any person, persons, 
firms or corporation to manufacture, for sale, produce, offer, ex- 
pose, have in their possession, charge or control for sale, any 
article of food within the city limits, or for one mile beyond its 
limits, which is adulterated, misbranded, below standard, or un- 


wholesome within tne meaning of this ordinance. 


Sec. 214. That it shall be the duty of the City Board of Health 
> enforce all of the city ordinances governing food, to adopt 
rules governing minimum standards for all classes of goods, de- 
fining specific adulterations, and declaring proper methods of 
collecting and examining food, and such other rules and regula- 
tions as in their judgment may be necessary for the proper en- 
forcement of these ordinances, and the violation of said rules 
shall be punished on conviction as set forth in Section 237 of this 
digest, provided that nothing in this section shall be so con- 
strued as permitting the adulteration of a standard which is 
specifically stated in the city ordinances. Any person offering 
or exposing or delivering for sale any food stuff, shall furnish 
all inspectors of the Board of Health with a sample sufficient for 
analysis whenever so requested, and whoever in any way inter- 
feres with any inspector, or other officer appointed hereunder 
in the performance of his duty, shall upon conviction be fined 


not to exceed fifty dollars ($50.00.) 


Sec. 215. That no dealer shall be prosecuted under the pro- 
visions of this ordinance when he can produce a written guaran- 
tee from manufacturer, wholesale dealer or jobber, as provided 
by the United States pure food and drug act of June 30th, 1906, 
and in these cases the party furnishing the guarantee shall be 
amenable to the prosecution, fines and other penalties which 
would attach in due course to the dealer under the provisions ot 
this ordinance, provided that in case such manufacturer is not 


amenable, then all goods from such manufacturer shall, upon their 


Unlawful to 
sell food, 
adulterated 
or misbrand- 
ed, ete. 


Duty of Bd. 
of Health to 
enforce ordi- 
nances. 


Dealers not 
amenable 
—when. 


328 


CITY ORDINANCES. 


PURE FOOD REGULATIONS. 


Definition of 
the word 
““Food.’’ 


“Misbrand- 
ed.’’ 


Mixtures or 
compounds. 


Articles la- 
beled. 


entrance into the city, be confiscated, and such disposition made 


of them as the court may direct. 


Sec. 216. The term “food,’ as used herein, shall include all 
articles used for food, drink, confectionery, or other condiments 
used by man or other animals, whether single, mixed or com- 


pound. 


See. 217. The term “misbranded,”’ as used herein, shall apply 
to articles of food, or articles which enter into the composition of 
food, the package or label of which shall bear any statement, 
design or device regarding such article or the ingredients con- 
tained therein, which shall be false or misleading in any particu- 
lar, or, if it be an imitation of another article, or purport to be 
a foreign article when not so. Provided that an article of food 
which does not contain any poisonous or deleterious ingredients 


shall not be deemed misbranded in the following cases: 


First. In the case of mixtures or compounds which may be 
now, or from time to time hereafter, known as articles of food 
under their own distinctive names, and not an imitation of as 
offered for sale under the distinctive name of another articie, 
if the name be accompanied on the same label or ireata with a 
statement of the place where said article has been manufactured 


or produced. 


Second. In the case of articles labeled, branded or tagged so 
as to plainly indicate that they are compounds, imitations or 
blends, and the word “‘compound,” “imitation” or “blend,” as the 
case may be, is plainly stated on the package in which it is 
offered for sale in letters not less than one-quarter inch in size, 
provided that the term ‘blend,’ as used herein, shall be con- 
strued to mean a mixture of like substances not excluding harm- 


less flavoring ingredients, when used for flavoring only, and in 


CITY ORDINANCES. 


329 


PURE FOOD REGULATIONS. 


every case such substance shall be sold under the name of its 


chief constituents, together with all others which may occur. 
Sec, 218. An article shall be termed adulterated— 


First. If any substance has been mixed or packed with it 


so as to lower, reduce or injuriously affect its quality or strength. 


Second. If any substance has been substituted wholly or in 


part for the article. 


Third. If any valuable constituent of the article has been 


wholly or in part abstracted. 


Fourth. If it be mixed, powdered, coated, stained or colored, 
whereby damage or inferiority is concealed, or with the intent 
to deceive, or with substances which the rules of the Board of 


Health prohibit as harmful. 


Fifth. If it contain any antiseptic or preservative (except in 
the case of tomato catsup, which may contain not more than 


1-10 of 1 per cent of benzoate of soda). 


Sixth. If it is below the standard prescribed by the ordinances 
of the city of Memphis, or the rules of the Board of Health, pro- 
vided that the standards set by the Board of Health shall not 


conflict with those prescribed in the ordinances. 


Sec. 219. An article shall be deemed unwholesome if it con- 
sists in whole or in part of a diseased, filthy or decomposed or 
putrid substance, either animal or vegetable, unfit for food, 
whether manufactured or not, or if it is in any part the product 
of a diseased animal, or any animal in an advanced state of 
pregnancy, or any animal that has recently given birth to young, 
or any animal which has died otherwise than by slaughter, or 
if it is any substance which is manufactured, kept or handled in 
unsanitary surroundings, or by any person who has been ex- 


posed to any contagious or infectious disease. 


Articles 
adulterated. 


Articles un- 
wholesome. 


"330 


CITY ORDINANCES. 


PURE FOOD REGULATIONS. 


Unlawful to 
sell meats 
kept unsan- 
itary. 


Unsanitary 
conditions 
defined. 


Eggs. 


Sec. 220. That it shall be unlawful for any person, persons, 
firm or corporation to sell, offer for sale, or have in his or their 
possession, charge or control for sale the carcass, or parts of 
carcasses, of any animal which has been slaughtered, prepared, 
handled or kept under unsanitary conditions, and unsanitary 
conditions shall be deemed to exist whenever and wherever any 
one or more of the. following conditions appear, or are found, 


to-wit: 


If the slaughter house is dilapidated and in a State of decay; 
if the floors and side walls are spattered with decaying blood or 
other animal matter; if efficient fly-screens are not provided; if 
the drainage of the slaughter house and slaughter house yard 
is not efficient; if maggots or filthy ponds or hog wallows exist 
in the slaughter house yard or under the slaughter house; if the 
water supply used in connection with the cleaning and preparing 
is not pure and unpolluted; if hogs are kept in the slaughter 
house yard, or fed therein, or animal offal, or if the odors of 
putrefaction plainly exist therein, or if kept in unclean, bad 
smelling refrigerators, or if kept in bad smelling cold storage 
rooms, or if exposed to dust and dirt, whether in transportation 
or otherwise. And it shall be the duty of the inspectors to 
seize all such carcasses prepared, kept or handled under un- 
sanitary conditions as herein defined, drench the same with 
kerosene oil and issue warrants of arrests for the party or 


parties in whose possession it was found. 


Sec. 221. That no person, persons, firm or corporation shall 
sell, offer for sale, have in his possession, charge or control for 
sale eggs which have been subjected to incubation, or which are 
rotten, decayed or in a decaying condition, or sell as fresh eggs. 
when not so, and all eggs which are kept in cold storage must 


be labeled with the date when they were placed in cold storage 


CITY ORDINANCES. 


331 


PURE FOOD REGULATIONS. 


in letters not less than one-half inch in size, and must be sold 


from the original containers. 


Sec. 222. No food or foodstuff shall be exposed to the dust 
and dirt of the street unless perfectly protected by a suitable cov- 


ering as authorized by the Board of Health. 


Sec. 223. That no person, persons, firm, or corporation shall 
engage in the manufacture or sale of any foodstuffs without a 
permit from the Board of Health. The same to be granted only 
upon a satisfactory inspection at the time application is made, 
and to be revoked upon violation of any of the provisions of this 


ordinance. 


Sec. 224. That no person, persons, firm, or corporation shall 
sell, offer for sale, have in his or their possession, charge or con- 
trol for sale, any milk, or milk products, which is obtained from 
any cow or cows found to be affected with tuberculosis, inspection 
for tuberculosis to be conducted in the usual manner whenever 


deemed necessary by the Board of Health. 


Sec. 224. That no person, persons, firms or corporations shall 
Slaughter, sell, offer for sale or have in their possession, charge 
or control, any animal or part thereof intended for food, unless 
it passes the inspection of the inspectors, is approved and bears 
the “Inspected, Board of Health’ stamp, or the stamps or tag 
indicative of inspection by the Bureau of Animal Industry, 
United States Department of Agriculture, provided that nothing 
in this SSchion shall be construed as prohibiting producers f:om 
killing healthy animals and selling the same within the city, 
but no such animal or any part thereof shall be sold until in- 
spected and passed as herein provided, the same to apply to milch 


cows for sale or use in the city. 


Food to be 
protected 

from dust, 
ete. 


Permit to 
manufacture 
foodstuffs. 


Milk. 


Meat to be 
inspected, etc. 


Sec. 225. That all dressed animals, game or poultry offered or Dressed ani- 


intended for sale must be prepared in a cleanly manner, and if 


mals, poul- 
try, game. 


332 


CITY ORDINANCES. 


PURE FOOD REGULATIONS. 


Sausages and 
compound 
meats. 


Milk adul- 
terated. 


_ Milk un- 
wholesome. 


undrawn, must be tagged with a linen tag bearing the date of 
slaughter, which tag must not be removed except by the con- 
Sumer, and any such article which has been slaughtered six 
months, whether placed in cold storage or not, shall be deemed 


unwholesome and destroyed. 


Sec. 226. That all sausages and compound meats, when com- 
pounded with flour or other substances than pure seasoning ma- 
terials, shall have the names of their ingredients on the outside 
of the packages in which it is sold to the consumer, as well as 
all intermediate containers, in letters not less than one-quarter 


inch in size, as provided in Section 217 of this ordinance. 


Sec. 227. That no person, persons, firm or corporation shall 
sell, offer for sale, have in their possession, charge or control 
for sale, bring or send to the city of Memphis any milk or milk 
product which is unwholesome or adulterated within the mean- 


ing of this ordinance. 


See. 228. Milk shall be termed unwholesome— 


(a) When drawn from animals within fifteen days before or 


five days after parturition. 


(b) When drawn from animals kept in crowded or unsanitary 


conditions. 


(c) When drawn from animals fed on distillery waste or 


other unhealthy food, or watered with polluted water. 


(d) When drawn from animals kept in unclean and unsani- 


tary surroundings. 


(e) When obtained from animals whose attendants are affected 


with or exposed to any contagious disease. 


(f{) When placed in unsterilized bottles, cans or containers. 


CITY ORDINANCES. 


333 


PURE FOOD REGULATIONS. 


Sec. 229. Milk shall be termed adulterated— 
(a) When it contains less than 12 per cent of milk solids. 


(b) When it contains less than 3.5 per cent. butter fat. 


(c) When it contains more than 88 per cent. of water or other 


fiuid. 


(d) When water, preservative or any other substance (except 


pure cream) has been added. 
(e) When any part of the cream has been removed. 


(f) When the refractive index of the serum taken at 20 degrees 
C., according to the official method with the Zeiss immersion 


refractometer, is below 40. 


Sec. 230. Cream shall be termed adulterated, when it contains 
less than 20 per cent. of pure butter fat or when preservatives 
or any other substances have been added. Provided that a dealer 
may be permitted to sell cream at any other per cent. than the 


standard when the same is plainly marked with its true value. 


Sec. 231. Buttermilk shall be termed adulterated when it 
contains less than 8 per cent. of solids, when preservatives or 


any other substances have been added. 


Sec. 232. Butter shall be termed adulterated when it contains 
less than 82.5 per cent. butter fat, or over 16 per cent. moisture, 
or when it contains any preservative except common salt (NaCl.), 
or when any other substance except a harmless color has been 


added, or when its Reichert-Meiss] number is less than 24. 


Sec. 233. That no person, persons, firm or corporation, shall 
manufacture, sell, offer for sale, have in his or their possession, 
charge or control for sale, any ice cream which contains less 
than 8 per cent. of butter fat by weight or less than 18 per cent. 


cf milk solids of over 7-10 of 1 per cent. of gelatine, or to which 


Adulterated. 


Cream. 


Buttermilk. 


Butter, 


Ice cream, 


334 


CITY ORDINANCES. 


PURE FOOD REGULATIONS. 


Frozen ices. 


Samples of 
food. 


Ordinance— 
how enforced. 


Violation. 


Place where 
meat, fish, 
ete., sold to 
be kept clean. 


any other substance or substances have been added, except pure 


sugar (sucrose) and natural flavors. 


Sec. 234. That no person, persons, firm or corporation, shall 
manufacture, sell, offer for sale, have in his or their possession 
for sale, any sherbet, frappe or other frozen ice, which is not sold 
true to name and made of absolutely pure ingredients and flay- 
ored with natural flavors, provided that not more than .5 of 1 


per cent. of citric acid may be used. 


Sec. 235. That it shall be the duty of the inspectors to obtain 
samples of all substances offered for food whenever requested to 
do so by a citizen, or ordered to do so by the Board of Health, 


said samples to be delivered to the City Chemist for analysis. 


Sec. 236. That the provisions of this ordinance are to be 
carried out by the two meat inspectors, the two milk inspectors 
and the Food Inspector of the Board of Health, under the super- 
vision of the City Chemist, and he under the President of the 


Board of Health. 


Sec. 237. That any one violating the provisions of this o7di- 
nance, shall, upon conviction thereof, be fined not less than 
five dollars ($5.00) nor more than fifty dollars ($50.00), and 
for each subsequent offense, shall, upon conviction thereof, be 
fined not less than twenty-five dollars ($25.00) nor more than 


fifty dollars ($50.00).* 


Sec. 288. That every person, being the owner, lessee or occu- 
pant of any room, stall or place where any meat, fish or vee 
tables, designed or held for human food, shall be stored bt 
kept, or shall be held or offered for sale, shall put and keep such 
room, stall and place, and its appurtenances, in a cleanly and 


wholesome condition, and every: person having charge, or is in- 


1 Séctions 213 to 237 passed March 24, 1908. 


CITY ORDINANCES. 


335 


PURE FOOD REGULATIONS. 


terested or engaged, whether as principal or agent, in the care 
or in respect to the custody or sale of any meat, fish, birds, fowl 
or vegetables, designed for human food, shall put and preserve 
the same in a cleanly and wholesome condition, and shall not 
allow the same, or any part thereof, to be poisoned, infected, or 


rendered unsafe or unwholesome for human food. 


See. 239. That no butcher or dealer shall keep in any market 
any refrigerator or ice-box, unless the same shall be lined with 
lead, or some proper metallic substance, so as to be water-tight, 
nor unless the same be provided with a pipe of lead, zinc or 


copper, leading therefrom to the nearest gutter or proper waste- 


pipe. 


Sec. 240. That it shall be the duty of every person knowing 
of any fish, meat, fowl, birds or vegetables being bought, sold 
or offered for sale as food for human beings, or being in any 
market, public or private, in said city, and not being sound, 
healthy or wholesome food, to forthwith report such facts, and 
the particulars relating thereto, to the Board of Health, or to 


one of its officers or inspectors. 


Sec. 241. It is hereby declared to be a misdemeanor, punish- 
able by a fine of not less than $1 nor more than $50, for any 
person or persons, without permission of either the President 
or the Secretary of the Board of Health, to moor or beach or 
locate in any manner, either in the stream or on the banks of 
the stream, any boat or watercraft between the Waterworks on 
Wolf River and Iowa avenue on the Mississippi River, for the 
purpose of habitation or for fishing, or for a fish dock, or for 
Keeping fish boxes, or for selling fish therefrom, or for any 


purpose whatever. 


1 Ordinance of July 28, 1885, as amended April 26, 1894. 


Refrigerators 
—how con- 
structed. 


Notice to be 
given to Bd. 
of Health of 
sale of wn- 
sound food. 


Fish docks 
not to be 
moored 
without per- 
mission, 


336 CITY ORDINANCES. 


MISDEMEANORS, SANITARY REGULATIONS. 


Meee Sec. 242. Be it further ordained, That it shall be a mis- 
Oo offer ns 
Reh at demeanor, punishable as provided in the preceding section, for 


Po any person to offer for sale or to sell any fish caught on the 


Tennessee shore between the points as laid down in Section 241. 


oe not to Sec. 243. That no person shall sell or give to any person or 
be given in 
dangerous permit such other person to get (having the right and ability 


cases. 
to prevent the same) any drink, when such first-named person 


may have reason to think or believe that such drink may cause 
danger or detriment to life. 

Adulterated Sec. 244. That no person shall have at any place where milk, 

milk, butter, 

cheese, ete. utter or cheese is kept for sale, nor at any place offer or have 
‘for sale, nor shall any person bring to said city any unwholesome, 
watered or adulterated milk, nor any butter or cheese made from 
such milk, nor any unwholesome butter or cheese.’ 

Public reser- Sec. 245. That no person shall throw, or allow to run or pass, 


voirs, water 
pipes, etc., tojnto any public reservoir, water-pipe or aqueduct, or into or upon 


be kept pure. 
any border or margin thereof, or excavation or stream therewith 
connected, any animal, vegetable or mineral substance what- 
ever, nor shall any person allow the same to be done (having 
power or right to prevent the same), nor shall any person do or 
permit to be done (having right or power to prevent the same), 
any act or thing that will impair cr imperil the purity or whole- 
someness of any water or other fluid used or designed as a drink 
in any part of said city, nor shall any person bathe nor (except 
in the discharge of a public duty) put any part of his person in 
such water, nor shall any unauthorized person open any erection 
or unscrew any hydrant holding such water. 

Drinking hy- Sec. 246. That no person shall destroy, nor in any wise injure 


drant not to 


be melee or impair, any drinking hydrant or part thereof in the said 
nor water 
polluted. 


1 This section amended by ordinance of March 24, 1908. / 
See ‘‘Pure Food Ordinance.’’ 


CITY ORDINANCES. 


BEV, 


MISDEMEANORS, SANITARY REGULATIONS. 


city; nor shall any person interfere with the use or enjoyment 
of the water therein or therefrom, or interrupt the flow thereof; 
nor shall any person put any dirty, poisonous, medicinal or any 
noxious substance into or near said water or hydrant, whereby 
such water is made or may be regarded as dangerous or un- 


wholesome as a drink. 


Sec. 247. That no cattle, sheep, horse, goat, goose, mule or 
hog, or any dangerous or offensive animal, shall be allowed by 
any owner, or by any person having charge of the same, to go 


at large in any street or public place in the City of Memphis.’ 


Sec. 248. That no person shall allow any swine or goat to run 
at large in said city, and no person shall, within the built-up 
portions of said city, or within one thousand feet of any resi- 
dence or place of business, or street thereof, keep any swine or 


goat, without a permit to do so from the Board of Health. 


Sec. 249. That no cattle shall be kept in any place of which 
the water, ventilation and food are not sufficient and wholesome 
for the preservation of their health, safe condition, and whole- 


someness for food. 


Sec. 250. That no cattle, swine or sheep, geese, goats, horses 
or mules shall be yarded within or adjacent to the built-up por- 


tions of the city without the permit of this Board. 


Sec. 251. Be it ordained by the Legislative Council of the City 
of Memphis, That no public wagon yard or place for the accommo- 
dation of wagons and teams coming to and from the city, whether 
such wagon yard or place be furnished free or for hire, shall be 


established, opened or maintained at any place within the limits 


1 See Section 764. 


Dangerous or 
offensive ani- 
mals not al- 
lowed to go 

at large. 


Hogs and 
goats—regu- 
lations for. 


Cattle shall 
have suffi- 
cient venti- 
lation, etc. 


Cattle, swine, 
sheep, etc., 
not to be 
kept—where. 


Public 
wagon yard 
—regulations. 


CITY ORDINANCES. 


MISDEMEANORS, SANITARY REGULATIONS. 


Penalty for 
violation. 


Keeping and 
slaughtering 
of cattle, 


Slaughter- 


ete. 


houses to be 
kept in sani- 


tary condi- 


tion. 


Not to be 
slaughtered, 


dressed or 


hung in alley 


or 


street, 


of the city, unless a permit therefor shall first be obtained from 


the Board of Health Garbage Department.” 


Sec. 252. Be it further considered, That any person violating 
this ordinance shall be guilty of a misdemeanor, and upon con- - 
viction shall be fined not less than $2 nor more than $50 for 
each offense, and each day’s maintenance of such wagon yard 


shall constitute a separate offense.’ 


Sec. 253. That the keeping and slaughtering of all cattle, and 
the preparation and keeping of all meat and fish, birds and fowls, 
shall be in a manner which is, or is generally reputed or known 
to be, best adapted to secure and continue their safety and 
wholesomeness as food, nor shall the slaughtering of cattle be 
conducted at any place in the city without a special permit 


from the Board of Health. 


Sec. 254. That every butcher, and every person owning, leas- 
ing, or occupying any place, room or building where any cattle 
have been or are killed or dressed, and every person, being 
the owner, lessee or occupant of eae room or. stable where any 
cattle may be kept, or aener public or private, and, having 
power and authority so to do, shall cause such place, room, build- 
ing, stable, private market, and their yards and appurtenances, 
to be thoroughly cleansed and purified, and all offal, blood, fat, 
garbage, refuse and unwholesome or offensive matter to be there- 
from removed, at least once in every twenty-four hours after the 
use thereof for any purpose herein referred to, and shall also, 
at all times, keep all woodwork, save floors and counters, in any 
building, place or premises aforesaid, thoroughly painted or 


whitewashed. — 


See. 255. That no cattle shall be slaughtered, dressed or hung 


within said city, wholly or partly within any street, avenue or 


2 Sections 251 and 252 passed October 10, 1901. 


CITY ORDINANCES. 


339 


MISDEMEANORS, SANITARY REGULATIONS. 


sidewalk, or public alley or place, nor shall any blood or dirty 
water, or other substance from such cattle, meat, or place of 
killing or the appurtenances thereof, be allowed to run, fall or 
be in any such street, avenue, sidewalk, alley or place. 

Sec. 256. That neither the business of slaughtering cattle 
nor the keeping of any slaughter-house, nor the yarding of cat- 
tle, shall be begun or undertaken at any new or additional place 
within the city except pursuant to a permit from the Board of 


_ Health. 


Sec. 257. That no person shall kill or dress any animal or 
meat in any market, nor have, or permit to escape therein, or 
within one hundred feet thereof, any poisonous, noxious, nauseous 
or offensive substance. 

Sec. 258. That no person shall become, or continue, or en- 
gage in the business of a butcher, at or in any public or private 
market or stand in the city, without a permit from the Board 
of Health. 

Sec. 259. That every butcher and milk dealer, and their 
agents, shall allow the parties authorized by the ‘Board of 
Health to treely and fully inspect their cattle and meats, fish and 
vegetables, held, offered or intended for sale, and will be ex- 
pected to answer all reasonable and proper questions asked by 
such persons relative to the condition thereof, and of the places 
where such articles may be. 

Sec. 260. That no offal or butcher’s refuse shall be conveyed 
tnrough any street of the city between the hours of 9 o’clock 
a.m. and 10 o’clock p. m., and that no offal or refuse shall be 
conveyed at any time unless the same be in tight boxes, barrels 


or vessels from which no odor ghall escape. 


Permit for 
slaughtering. 


No slaugh- 
tering at 
market 
house. 


Permit re- 
quired for 
butcher. 


Butchers and 
milk dealers 
shall answer 
questions 
and permit 
inspection. 


Offal—when 
and how to 
be conveyed 
through 
streets. 


340 


CITY ORDINANCES. 


MISDEMEANORS, SANITARY REGULATIONS. 


Fish, meat, 
etc., not to 
be sold on 
sidewalk. 


Water from 
vards shall 
not overflow 
sidewalks. 


Storm water 
—how dis- 
posed of. 


Pounds must 
be sanitary. 


Protection 
against 
hy drophobia. 


Sec. 261. That no person engaged in the selling or keeping for 
sale of any fish, meats, birds, fowl or vegetables, shall occupy 
or encroach upon any portion of any street or sidewalk, or public 


place in the city. 


Sec. 262. That no person, being owner, lessee or tenant of 
any house or building, shall allow any water or other liquid to 
run from re out of his building or ground upon or across any 
sidewalk or curkstone, and if such substance is allowed to pass 
upon any street, it must reach the same by a passage to be kept 
at all times adequate and in repair by such person, under or 
through such flagstone or curbstone, and no such water or other 
fluid, or ice therefrom, shall be allowed to gather or remain 
upon the upper surface of such curb, flagstone or passage, nor 
shall such person allow any accumulation of such water, liquid 
or ice therefrom upon any street or place, but shall, at all times, 
cause the same to be removed, or to pass along the gutter or 
some proper passage into a sewer, and no storm water shall be 
allowed to fall through down-pipes from any building upon the 
sidewalks or streets, but shall be conducted by down-pipe or 
guttering under the pavements and into the street gutters, and 


in all alleys and public places the same shall be conducted in 


pipes down to the pavement or surface of the ground. 


Sec. 263. That no keeper of any pound shall allow the same, 
or any animal therein, by reason of any want of care, food, 
ventilation or cleanliness, or otherwise, to be or become danger- 


ous or detrimental to human life or health. 


Sec. 264. That every animal which is mad or has the hydro- 
phobia, or shows symptoms thereof, shall, by the person owning 
the same, or having the possession, charge or control thereof, 
be at once killed; and every animal that has been exposed to 
such disease shall be confined in some secure place for such 


length of time as to show that such exposure has not given 


CITY ORDINANCES. 


341 


MISDEMEANORS, SANITARY REGULATIONS. 


such animal said disease, and so as to avoid all danger to life or 
health. And the dead body of any animal that died of such dis- 
ease shall be at once, by such person, buried not less than 3 
feet under ground, at some place not within 1,000 feet of any 


residence. 


Sec. 265. That no person shall permit or have any offensive 
water, or other liquid substance, on his premises or grounds, to 
the prejudice of life or health, whether for use in any trade or 
otherwise; and no establishment or business place for tanning, 
skinning or scouring, or for dressing hides or leather, or for 
carrying on any offensive or noisome trade or business, shall 
hereafter be opened, started or established in the city, or within 
one mile of the corporate limits of the same, without a permit 
from the Board of Health. And every such establishment now 
existing shall be kept cleanly and wholesome and be so con- 
ducted in every particular as not to be offensive or prejudicial 


to life or health. 


Sec. 266. That no person or company, being a manufacturer 
of gas, shall throw or deposit, or allow to run, or shall permit 
to be thrown or deposited, into any public waters, or into 
any sewer, or into any street, or public place, any gas-tar, or 
any refuse matter of or from any gas-house, works or manu- 
factory, or make gas of any such ingredients or quality that 
any substance shall escape therefrom, or be formed in the 
process of burning any gas, which shall be offensive or dangerous, 
or prejudicial to life or health. Nor shall any such person or com- 
pany fail to use all reasonable means for preventing the escape 


of odors. 


Sec. 267. That no water-closet, sink, tub, vat, or other struc- 
ture, shall hereafter be constructed in the city having connec- 


tion with or by any sewer or underground passage, unless the 


Tanning, 
skinning, etc., 
regulated. 


Gas works— 
regulating 
manage- 
ment of. 


Water closets, 
vats, sinks, 
ete., con- 
structed to 
prevent es- 
cape of gas. 


342 


CITY ORDINANCES. 


MISDEMEANORS, SANITARY REGULATIONS. 


Construction 
of rooms con- 
taining priv- 
ies and urin- 
als. 


Misdemeanor 
to prepare 
plan violative 
~of this rule. 


same is provided with adequate or the best approved construc- 
tions and precautions for preventing gases and other offensive 
currents, substances or smells from passing up or out through 
such connection from such sewer or passage; nor shall any 
such water-closet or privy be constructed without adequate 
provisions for the effectual and proper ventilation and cleansing 


thereof. 


Sec. 268. That all water-closets, privies and urinals hereartar 
constructed in any building used as a residence within the city, 
shall be placed in a room not less than five feet in each diameter, 
and said room shall have at least one window, 2'%x6 feet, with 


upper and lower movable glass sash hung on weights. 


There shall also be placed in the ceiling of said rcom a ven- 
tilator, at least eighteen inches in diameter, connected with a pipe 
not less than six inches in diameter, leading through the roof of 
the house, wherein said closet or urinal is placed. Said room shall 
not communicate directly by means of any door or opening what- 
ever with any sleeping-rcom, sitting-room or apartment which 
is occupied by any human bkeing, during as many as two-out of any 
twenty-four consecutive hours, nor shall any door, window or 
other opening of said room be made within three feet of any 
apartment occupied by any human being, during two out of 


twenty-four consecutive hours. 


Any architect who prepares any plan of a house in violation 


of the above shall be guilty of a misdemeanor, and subject to a 


-fine of not less than $5 nor more than $50. 


Misdemeanor 
to construct. 


Any contractor or carpenter constructing a closet in violation 
of the above shall be guilty of misdemeanor, and punishable by 


a fine of not less than $5 nor more than $50. 


Any plumber putting in a privy or urinal in violation of the 


above, or any owner or agent paying for same, or authorizing the 


CITY ORDINANCES. 


343: 


MISDEMEANORS, SANITARY REGULATIONS. 


construction of a closet or urinal in violation of the above, shall 
be guilty of a misdemeanor, and punishable by a fine of not 


less than $5 nor more than $50 for each offense.’ 


Sec. 269. That no part of the contents or of substance of any 
sink, privy or cesspool, nor any manure, ashes, garbage, rubbish 
or dirt, shall be by any person flung, or allowed to run or drop, 
into or remain in any street or public place, except as herein 


elsewhere specified.” 


Sec. 270. That no swill, brine, urine or animals or other 
offensive animal nuisance, nor any stinking, nozious liquid, or 
other offensive matter of any kind, shall by any person be al- 
lowed to run or fall from or out of any building, vehicle or 
erection into or upon any street or public place, or to be taken 


or put therein, save as herein elsewhere provided." 


Sec. 271. That no butcher’s offal or garbage, nor any dead 
animals, nor any putrid or stinking animal or vegetable matter, 
shall be thrown by any person into any street, place or sewer, or 


upon any ground or premises of said city.® 


pes, 2il: That no person shall draw off, or allow to run off, 
into any ground, street or place of said city, the contents of any 
vault, privy, cistern, cesspool or sink, nor shall any owner, 
tenant, or occupant of any building to which any vault, sink, 
privy’ or cesspool shall appertain or be attached, permit the 
contents, or any part thereof, to flow therefrom, or to rise within 
two feet of the top, or permit said contents to become offensive; 


nor shall any privy or other erection in the section mentioned be 


filled with or covered with dirt till its filthy contents shall be 
emptied. 


1 Section 268 and sub-sections passed September 4, 1890. 
2 Passed January 7, 1890. 

5 Passed January 7, 1897. 

3 Digging of privy vaults forbidden, Post-Section 322. 


i Ae words ‘‘unsewered portion of the’’ inserted by ordinance passed May 


Substance 
from sinks, 
etc., not to 
remain in 
street or pub- 
lie place or 
sewer. 


Cesspool not 
to be drained 
into street 
nor allowed 
co rise withim 
2 feet of top. 


344 


CITY ORDINANCES. 


MISDEMEANORS, SANITARY REGULATIONS. 


Ashes, etc., 
not to be 
thrown in 
cesspool. 


‘Contents of 
-cesspool, ete., 
not allowed 
to become 
»offensive. 


Contents of 
cesspool not 
Allowed to 
fall in street. 


Boxes for 
ashes and 
garbage to be 
-provided in 
unsewered 
part of city. 


Sec. 272. That no person shall throw into or deposit in any 
vault, sink, privy or cesspool any offal, ashes, meat, fish, garbage 
or other substance, except that of which any such place is the ap- 


propriate receptacle.* 


Sec. 273. That neither the contents of any tub, or of any re- 


~ceptacle, cesspool, privy, vault, sink, water-closet or cistern, nor 


anything in any room, excavation, vat, building, premises or place 
shall be allowed to become a-‘nuisance, or offensive, so as to be 


dangerous or prejudicial to life or hea!th.® 


Sec. 274. That no person shall throw, drop or allow to fall 
into any street or place any substance being or having been 
rart of the contents of any such vault, cesspool, privy, sink, tub 


or receptacle.® 


Sec. 275. That it shall be the duty of every owner, tenant, 
-essee and occupant of any and every building or place of busi- 
ness in the unsewered portion of the city forthwith to provide, 
or cause to be provided, and all times thereafter to keep and 
cause to be kept and provided within such building or place of 
business, suitable and sufficient boxes, barrels or tubs for re- 
ceiving and holding, without leakage and without being filled to 
within four inches of the top thereof, all the ashes, rubbish, 
garbage and liquid substances, of whatever kind that may ac- 
cumulate during 86 hours from said building or place of busi- 
ness, or the portion thereof of which the person may be the 
owner, tenant, lessee or occupant, and every such box, barrel 
and tub designed. to hold ashes shall be made of or lined with 
some suitable metal; that a separate vessel shen be provided 
for ashes and rubbish, and another for gartage and liquid sub- 


stances, and ashes and rubbish shall not be placed or kept in the 


4 The words ‘‘unsewered portion of the’’ inserted by ordinance passed May 11, 
1882. 


5 Passed January 7, 1897. 


CITY ORDINANCES. 


345 


MISDEMEANORS, SANITARY REGULATIONS. 


same vessel with garbage and liquid substances, and all ashes, . 


rubbish, garbage and liquid substances that should be removed 
from such building and place of business, or from that part for 
which said receptacles were provided, and none other, shall be 
placed therein, and no such box, barrel or tub shall remain on 
any sidewalk, or in any public place, longer than needful for the 


removal of the contents thereof.’ 


See. 276. That such boxes, tubs and barrels shall at all times 
be kept inside the property line, and within 5 feet of a street 
or public alley or entrance; provided, however, that whenever 
and wherever the city may place a public garbage receptacle 
the occupants of the premises within a radius of 150 feet thereof 


shall deposit therein all garbage accumulated by them.’ 


Sec. 277. Be it further ordained, That all store and factory 
waste, such as paper, straw, cinders, decayed fruits, vegetables 
and all other refuse, not strictly kitchen garbage or domestic 
household waste; and also all rubbish and refuse left on the 
streets and sidewalks by ‘puilders or contractors must be re- 
moved ky the owners or occupants of the premises, or by the 


builder or contractor, with reasonable promptness. 


That the public garbage carts shall remove and dispose only 
of kitchen and domestic household waste, including ashes, and 
that all other refuse, such as grass, weeds, stable manure, etc., 
must be removed with reasonable dispatch by the owner or oc- 


cupant of the premises. 


Be it further ordained, That a violation or failure to comply 
with the provisions of this ordinance, or any part thereof, shall 
Subject the offender to a fine of not less than $1 nor more 
than $50.1 


1 Ordinance passed January 7, 1897. 


Where garb- 
bage boxes, 
CLC ue tone 

kept. 


Store and 
factory 
waste to be 
removed. 


Substances 
to be removed 
by city carts. 


Penalty for 
violation of 
this ordi- 
nance. 


346 CITY ORDINANCES. 


MISDEMEANORS, SANITARY REGULATIONS. 


ee ka Sec. 278. That all occupants so preferring may deliver their 

See ashes, garbage and rubbish directly to the proper carts, to be 
taken away at any hours of the day when carts may be present, 
and said carts may take such articles from receptactes delivered 
at any such hour, provided that such garbage or rubbish be not 
highly filthy or offensive, and in the latter’ case the same shall 
not be delivered or received between the hours of 7 o’clock in 
the morning of any day and 10 o’clock at night. 

Provision as Sec. 279. Every owner or occupant of premises within the 


to garbage 


Deda oat sewered portions of the city is required to have a receptacle for 


ay. garbage in some place on or near such premises always con- 


venient to the garbage carts, within five feet of the line of alley 
or street, such receptacle to be a neatly painted box, with a 
tightly fitting top, such box to hold not less than two nor more 
than four bushels, and so constructed as not to be easily turned 
over. And all dry garbage is to be put in such renepe to be 
carried off by the garbage carts, and all liquid garbage to be 
poured into the sewer receptacle or slop basin. Any one violating 
this ordinance, or any one interfering with such garbage boxes or » 


any one of the same, shall be guilty of a misdemeanor. 


Rubbish to Sec. 280. That every person who shall have paved, or cause 
be removed 

nes pave- to be paved, any street or place, shall cause all rubbish, dirt, 
ment. 


and whatsoever else he has deposited, or allowed to be deposited 
on such pavement, to be removed from the several parts of such 
pavement within five days from the time of the same being de- 
posited thereon. And every person who has removed any flag- 
stone, curbstone, pavement stone, or other stone, or dirt or iron, 
in or from any street, sidewalk or place, for the purpose of re- 
pairs, or tor the purpose of paving, flagging or curbing, or re- 


pairing, or re-curbing, or re-flagging, or making any repairs or 


2 Section 279 passed May 11, 1882. 


CITY ORDINANCES. 


347 


MISDEMEANORS, SANITARY REGULATIONS. 


changes, or otherwise, shall cause the same or a proper substitute 
tnerefor to be placed or replaced, and completed as soon as the 


same can reasonably be done. 


Sec. 281. That every owner, lessee, tenant or occupant of any 
stall, stable or apartment in which any horse, cattle or swine, or 
any other animal shall be kept, or of any place in which manure 
or any liquid discharge of such animals shall collect or accumu- 
late within said city, shall cause said liquid and manure to be 
at once removed to some proper place, and shall at all times 
keep or cause to be kept, such stalls, stables and apartments, 
end the drainage, yards and appurtenances thereof, in a cleanly 
and wholesome condition, so that no offensive smell detrimental 
to health shall be allowed to escape therefrom; and when within 
300 feet of any occupied dwelling-house, or of any manufactory 
where more than 5 persons are employed, the removal from the 
stable shall not be made, nor shall the manure or refuse from 
any stable be allowed to remain on any street or place near such 
stable, any time between 8 o’clock a. m. and 6 o’clock p. m. of any 


day, without special permit from the Board of Health. 


Sec. 282. That no person shall empty, or attempt to empty, 
any vault, sink, privy or cesspool in the city, except under a 
permit therefor, first obtained from the Board of Health. And 
the Board of Health is required to keep a record of all vaults, 
sinks and cesspools emptied, and when any are emptied they 
are to be reported to the Board of Health that the same may be 


inspected. 


Sec. 283. That no part of the contents of any privy, vault, 
sink or cesspool, or any accumulation of any offensive fluid, liquid 
or semi-liquid substance or material, being in any excavation, 
cellar or place within the city, shall be removed therefrom, nor 
Shall the same be transported through any of the streets or 


avenues of said city, unless and except the same shall be removed 


Sanitary 
provisions 
tor stables. 


Vaults, sinks, 
etc., not to 
be emptied 
without per- 
mit. 


Contents of 
privy vaults 
to be removed 
in airtight ap- 
paratus only. 


348 


CITY ORDINANCES. 


MISDEMEANORS, SANITARY REGULATIONS. 


Business of 
scavenger 

not to be con- 
ducted with- 
out permit. 


Garbage 
wagons shall 
not congregate 
nor stand in 
one place any 
longer than 
necessary. 


Garbage 
carts to be 
strong and 
tight. 


and transported by means of air-tight apparatus, or in such 
manner as shall prevent entirely the escape of any noxious or 
offensive odors therefrom, and by a permit from the Board of 


Health. 


Sec. 284. That no person shall engage in the business of 
scavenger, or of transporting manure, swill, ashes, offal, rubbish 
or garbage, or any offensive or noxious substance, or in driving 
any cart for such purpose in the city, until he suall have first 
received a permit from the Board of Health, of such form and 
effect as the regulations of the Board shall provide, authorizing 


such person so to engage. 


Sec. 285. That no cart or other vehicle for carrying any offal, 
swill, garbage or rubbish or the contents of any privy, vault, 
cesspool or sink, or having upon it or in anything on such cart, 
any manure or nauseous or offensive substance, shall, without 
necessity therefor, stand or remain, nor shall a needless number 
gather before or near any building, place of business, or other 
premises where any person may be, nor shall any such cart 
occupy an unreasonable length of time in loading or unload- 
ing, or in passing along any street, or through any inhabited 
place or ground, nor shall any such cart, or vehicle, or the 
driver thereof, or anything thereto appertaining, be in a con- 
dition needlessly filthy or offensive; and, when used in con- 
nection therewith, shall be stowed and kept in some place where 
no needless offense shall be given to any of the people of said 


city. 


Sec. 286. That all carts and vehicles in the last section men- 
tioned, and boxes, tubs and receptacles, in which any substance 
in said section referred to may be, or be carried, shall be strong 
and tight, and the sides shall be so high above the load or con- 
tents that no part of such contents or load shall fall, leak or 


spill therefrom; and that when, in the opinion of the Board 


CITY ORDINANCES. 


349 


MISDEMEANORS, SANITARY REGULATIONS. 


of Health, it is necessary to prevent the contents of such carts 
or vehicles, tubs, boxes or receptacles from being offensive, each 
of such carts, tubs, boxes and receptacles shall be adequately and 
tightly covered, as the orders and regulations of the Board ot 


Health may provide or direct. 


Sec. 287. That no driver of such cart or vehicle, nor any 
person having undertaken or being engaged about the loading 
or unloading thereof, nor any person engaged about the clean- 
ing or emptying, or having undertaken to empty or remove any 
manure, garbage, offal, or the contents of any vault, sink, privy, 
cesspool, or any noxious or offensive substance, shall do or per- 
mit to be done about the same, or in connection therewith, that 
which shall be needlessly offensive or filthy in respect to any 


person, street, place, building or premises. 


Sec. 288. That no person shall allow any cart or vehicle to 
be so fully loaded, or to be in such bad condition of repair, 
or of such faulty construction, or to be so improperly driven or 
managed, that any offensive liquid, or any manure, garbage, rub- 
bish, offal, dirt or material thereon shall fall upon or in any 


place, street or premises. 


Sec. 289. That all putrid or offensive matter, and all the 
contents of sinks, privies, vaults and cesspools, and all noxious 
Substances in the built-up portion of said city, shall, before their 
removal or exposure, be disinfected and rendered inoffensive 
by the owner, lessee or occupant of the premises where the same 
May be (or in default of the same being so done) by the person 
or contractor who removes or is about the remove the same, 


at the cost of said owner, lessee or occupant. 


Sec. 290. That neither the owner, tenant nor occupant of 


any building or premises in the built-up portion of the city shall 


employ, cause or permit any part of the contents of any vault, 


Loading and 
unloading of 
garbage shall 
not be need- 
lessly offen- 
sive. 


Garbage 

carts to be 
properly load- 
ed, construct- 
ed and driven. 


All offensive 
matter to be 
disinfected 
before re- 
moval. 


Contents of 
vaults, ete., 
not to be re- 
moved with- 
out permit. 


350 


CITY ORDINANCES. 


MISDEMEANORS, SANITARY REGULATIONS. 


Offensive 
matter not to 
be disturbed 
except for 
removal. 


Oyster shells, 
etc., to be re- 
moved. 


House swill 

or garbage to 
be transported 
in tight boxes. 


Ashes from 
foundry, etc., 
not to accu- 
mulate. 


privy, sink or cesspool (being thereon and of which he has 
control) to be removed, unless according to a permit or the 


regulations of the Board of Health. 


See. 291. That no manure, garbage or other. material that is 
liable to emit an offensive exhalation, shall, in or adjacent to 
the built-up portion of the city, be turned or stirred (except 
about its removal) in such a way as to be liable, by reason 


thereof, to increase such exhalations. 


Sec. 292. That every proprietor, lessee: tenant and occupant 
of any oyster-house, oyster saloon or other premises where any 
oysters, clams, lobsters or shell or other fish are consumed, used 
or sold, or where any of the refuse matter, offal or shells thereof 
accumulate, shall daily cause all such shells, offal and refuse 
matter to be removed therefrom to some proper place, and shall 
keep his house, saloon and premises at all times free from any 


offensive smell or accumulations. 


Sec. 293. That no hotel or house swill or garbage, or offensive 
material of a liquid, or partly liquid nature, not removed or 
required to ke removed by the contractors for sireet cleaning, 
shall be transported through or along any street of the city, 
except in tightly covered, iron-bound casks or boxes, and none 
of the contents of such casks or boxes’ shall be allowed to fall 


or leak or spill therefrom. 


Sec. 294. That the owners, lessees, tenants and managers of 


_ every blacksmith or other shop, forge, coal-yard, foundry, manu- 


factory and premises where any business is done, shall cause 
all ashes, cinders, rubbish, dirt and refuse to be removed to 
some proper place, so that the same shail not accumulate at any 
of the above-mentioned premises, or in thé appurtenances thereof, 


nor the same become filthy or offensive, nor shall any smoke, cin- 


CITY ORDINANCES. 


351 


MISDEMEANORS, SANITARY REGULATIONS. 


ders, dust, gas or offensive odor be allowed to escape from any 
such building, place or premises, to the detriment or annoyance 


of any person not being therein or thereupon engaged. 


See. 295. That no vault, privy,’ sink, cistern (or well)? or 
cesspool shall hereafter be made or rebuilt in the city except 
in accordance with the regulations and pursuant to a permit 
Rein the Board of Health, nor shall any erection or cover be 
made or put upon or over the same, until the same has been 
examined by the President of the Board of Health, or an officer 
detailed by him, and been found to correspond to such permit 
and regulations, and no privy shall be built within four feet 


of the line of any lot. 


mec, 296. 


place or street, or public water, nor offensively expose or bury 


That no person shall leave in or throw into any 


the body (or any part thereof) of any dead, or fatally sick, or 
injured animal; nor shall any person keep any dead animal, or 
any offensive meat, bird, fowl or fish, in a place where the same 
may be dangerous to the life or detrimental to the health of any 


person. 


Sec. 297. That it shall be the duty of every contractor and 
person (his agents and employes) who has contracted, or under- 
taken to remove any diseased or dead animal, offal, rubbish, 
Zarbage, dirt, street sweepings or other filthy, offensive or nox- 
ious substance, or is engaged about any such removal, or in 
loading or unloading of any such substance, to do the same with 
dispatch, and in every particular in a manner as cleanly and 
little offensive, and with as little danger and prejudice to life 


and health, as possible. 


1 No privy vaults allowed to be dug, Post-Section 322. 
2 Ordinance passed June 22, 1896. 


Gas, smoke, 
ete., not al- 
lowed. 


Vault, cis- 
tern, well, 
ete., not to be 
built without 
permit. 


Dead ani- 
mals, 


Garbage, etc., 
to be removed 
with as little 
offensiveness 
as possible. 


352 


CITY ORDINANCES. 


MISDEMEANOPS, CONTAGIOUS DISEASES. 


Contagious 
diseases to 
be reported. 


Houses 

where con- 
tagious dis- 
eases exist to 
be placarded: 


Death from 
contagious 
disease to be 
reported by 
physician. 


Same report 
to be made 
by hotel- 
keeper. 


Sec. 298. Every physician shall immediately report to the 
Board of Health, in person or in writing, any person he may 
attend or be called to see (within the city limits or one mile 
outside thereof) sick with or who he has reason to suspect has 
either of the following named contagious diseases: Cholera, 
smallpox, yellow fever, scarlet fever, diphtheria, pseudo-mem- 
branous croup (varicella or chicken-pox),? typhoid fever and 
tuberculosis, giving his or her name, color, age and place of 
residence. In the absence of a physician, the parent, guardian, 
employer or head of the house where such patient is sick shall 
make such report. Thereupon it shall be the duty of the health 
oliicer, or one of the sanitary police, to placard the house or 
residence whereof the above-named diseases are reported to 
exist, said card designating the character of the disease, and it 
is not to be removed by any other than a health officer or sani- 
tary policeman. The death or convalescence of such sick person 
shall ke likewise reported to the Board of Health immediately 
by the attending physician or person first reporting the case, 
when the health officer or sanitary policeman will remove such 
placard from the house, fumigating and disinfecting said house 


or room, with its furniture, bedding, etc.* 


Sec. 299. That it shall be the duty of each and every prac- 
ticing physician in the city to report, in writing, to the Board 
of Health, the death of any of his patients who shall have died 
in said city of contagious or infectious disease, within twenty- 
four hours thereafter, and to state in such report the specific 


name and type of such disease. 


Sec. 300. That every keeper of any boarding-house or lodging- 
house and innkeeper and hotel-keeper shall, within twenty-four 


hours, report in writing to the Board of Health the same par- 


3 Amended by ordinance passed February 24, 1896. 
4 Ordinance passed March 10, 1887. 


CITY ORDINANCES. 


353 


nnn EE 


MISDEMEANORS, CONTAGIOUS DISEASES. 


ticulars in the last section required of any physician concerning 
any person being at any of the aforesaid houses or hotels, and 


attacked with any contagious disease. 


Sec. 301. That the master, chief officer and consignee, or 
one of them, of every vessel being within one-fourth of a mile 
of any dock, wharf or building of said city, shall daily report 
to the Board of Health, or cause to be reported, in writing, the 
particulars, and shall therein state the name, disease and condi- 
tion of any person being in or on such vessel, and sick of any 


contagious disease. 


Sec. 302. 


of any individual in said city sick of any contagious disease, 


That it shall be the duty of every person knowing 


and the duty of every physician hearing of any sick person, whom 
he shall have reason to think requires attention, to report at 
once the facts to the Board of Health, in regard to the disease, 


condition and dwelling place, or position of such sick person. 


See. 303. That the keeper, lessees, tenants and owners oft 
every boarding-house and lodging-house shall, within six hours 
after the fact shall come to his or her or their knowledge, notify 
the Board of Health, in writing, of the fact of any person lately 
from any vessel or railroad being taken sick at such house, and 
shall in such notice state where such sick person may be found, 
and from what vessel or railroad, and when he came, to the 
best of the knowledge of the person or persons giving such no- 


tice. 


Sec. 304. That every master and chief officer of any vessel 
“or railroad, and every physician of or who practiced on any 
vessel ‘or road which shall arrive at the port of said city from 
any port or place, shall at once report to the Board of Health 
any facts connected with any person or ‘thing on such vessel 


or road, or that came thereon, which he has reason to think 


Character of 
disease on 
vessel to be 
reported. 


Duty of all 
persons and 
physicians to 
report conta- 
gious dis- 
eases. 


Boarding 
house keepers 
shall report 
contagious 
diseases. 


Chief officers 
and_ physi- 
cians on ves- 
sels and rail- 
roads to re- 
port conta- 
gious dis- 
eases. 


354 


CITY ORDINANCES. 


MISDEMEANORS, CONTAGIOUS DISEASES. 


All useful in- 
formation to 
be given by 
master, etc., 
of vessel as 
to contagious 
disease. 


Persons or 
property sub- 
ject to conta- 
gion not to 
be removed 
from vessel. 


Articles or 
persons from 
infected dis- 
tricts not to 
be brought 
to city. 


may endanger the public health of said city, and he shall report 
the facts as to any person being or having been sick thereon of 
a contagious disease, and as to there being or having. been 


thereon any infected person or articles. 


Sec. 304a. That every master, owner, part owner and consignee 
of any vessel, or of the cargo thereof, which shall be in said 
port, shall at once give, or cause to be given, to the Board of 
Health, written notice of any infected article or person, and 
of every person sick of a contagious disease, and also of each 
and every fact and thing relative to said vessel, sick person or 
cargo, or to the crew of such vessel, which any of the first- 
mentioned persons shall have reason to think may be useful 
for the Board of Health to know, or be or become dangerous or 


prejudicial to life or health in said city. 


Sec. 305. That no captain, officer, owner, consignee or other 
person in charge of any vessel, shall remove or aid in removing 
from any vessel to the shore, any person sick of, or person that 
has been exposed to, and is liable very, soon to develop any con- 
tagious disease, nor so remove or aid in removing any articles 
that have been exposed to the contagion of any such disease; 
nor shall any person in any way make exposure of any straw, 
bedding or other articles that have been subjected to the con- 
tagion or infection of any contagious disease, or have been or 
are liable to communicate such disease, or have been lately on 
any emigrant or ordinary passenger vessel, till the same have 
been adequately cleansed or disinfected, except in accordance 
with a permit of the Board of Health, or with its special regu- 


lations. 


Sec. 306. That no person shall bring into the city from any 
infected place or land, or take therein from any vessel lately 
from any infected port, or from any vessel or building in which 


have lately been any person sick of a contagious disease, any 


CITY ORDINANCES. 


355 


MISDEMEANORS, CONTAGIOUS DISEASES. 


article or person whatsoever; nor shall any such person land 
or come into said city without a permit from the Board of 


Health. 


Sec. 307. That every person being the parent or guardian, 
or having the care, custody or control of any minor, or other 
individual, shall cause and procure such minor or individual to 
be so promptly, frequently and effectively vaccinated that such 
minor or individual shall not take, or be liable to take, the 


smallpox. 


Sec. 308. That no parent shall allow any child or children 
of theirs, and no guardian shall allow any ward of theirs, to 
enter any school, and no teacher in any public or private school 
shall allow any child to enter such school, as a scholar, who 
has not been successfully vaccinated, or who does not produce 
a certificate of a good physician, that vaccination has been tried 


and failed.* 


Sec. 309. That no person shall, within the city, carry or 
remove from one building to another, or from any vessel to the 
shore, any person sick of a contagious disease, without a permit 
from the Board of Health; nor shall any person, by any exposure 
of any individual sick of any contagious disease, or by any 
negligent act connected therewith, or by a needless exposure 
of himself, cause or contribute to, or promote the spread of, 


disease from any such person, or from any dead body. 


Sec. 310. That no interment of. the dead body of any human 
being or disposition thereof in any tomb, vault or cemetery, or 
by transportation, shall be made without a permit therefor, 
granted by the Board of Health, nor otherwise than in accord- 
ance therewith; and no undertaker or other person shall make, 


assist in, assent to or allow any such interment, or aid or assist 


1 Passed 1882, 


Vaccination. 


Same. 


Persons with 
contagious dis- 
eases not to 
be removed 
without per- 
mit. 


Interments 
not to be 

made with- 
out permit. 


356 


CITY ORDINANCES. 


MISDEMEANORS, PRECAUTIONARY REGULATIONS. 


Interments 
not to be 
made in city 
limits nor 
within 1-4 
mile thereof. 


Sextons and 
undertakers 
must register 
name, ad- 
dress and 
business with 
Bd. of Health. 


Undertakers 
to make 
weekly re- 
ports of in- 
terments and 
bodies trans- 
ported. 


Dead bodies 
not to be ex- 
posed to peril 
of health. 


Reports to be 
made of all 
deaths, and 

births. 


about preparing any grave or place of deposit for any such body, 
for which such permit has not been given, authorizing the 
same; and it shall be the duty of every person who shall re- 
ceive such permit to preserve and return the same to the Board 
of Health, and the interment of the dead body of any human 
being, within the limits of the City of Memphis, or outside the 
same, within one-quarter of a mile of the limits thereof, is 


hereby prohibited.” 


Sec. 311. That every person who acts as a sexton or under- 
taker in the city, or has charge or care of any vault, tomb, 
burying ground or cemetery for the reception of the dead, or 
where the bodies of any human beings are deposited, shall 
cause his or her name and residence, and the nature of his or 
her charge and duties, to be registered with the Board of 
Health. 


Sec. 312. That every undertaker shall, before 5 o’clock p. m. 
Saturday of each week make report to the Board of Health of 
the bodies and persons buried or transported since his last re- 
turn, and in such form and specifying such particulars as the 
regulations of the Board of Health may require; and he shall, 
at the same time, return all permits under which said interments 


or other disposition shall have been made.” 


Sec. 318. That no person shall retain, expose, or allow to 
be retained or exposed, the dead body of any human being, to 


the peril or prejudice of the life or health of any person. 


Sec. 314. That every clergyman, magistrate and other per- 
son who may perform a marriage ceremony shall furnish the 
Board of Health with a written statement, signed by himself, 


of such marriage celebrated, giving residence, age and names 


2 Ordinance passed December 10, 1894. 


CITY ORDINANCES. 
eee 


357 


MISDEMEANORS, PRECAUTIONARY REGULATIONS. 


in full of the parties married; and every physician, midwife or 
other person who shall assist or advise at any birth shall make 
a full report of the same to the Board of Health, signed by 
him or herself, giving place, ward, street and number of such 
birth, and the sex and color of every child born, and the 
name and residence of the parents; and every physician and 
professional adviser who has attended any person at a last ill- 
ness, or has been present by request at the death of any person, 
shall make written return, signed by himself, of such death, 
stating the cause thereof, and specifying the date, place and 


street number of such death. 


Sec. 315. That it shall be the duty of every person mentioned 
in the last section to furnish the Board of Health a written state- 
ment, by him or her signed, within five days after the birth or 
marriage, and within thirty-six hours after death of any per- 
son, of all the facts attending such marriage, birth or death, 


which shall be placed on file with the Board of Health. 


Sec. 316. That no railroad car or vehicle constructed for or 
engaged in the business of carrying passengers on any line of 
railroad in the city, and which car is propelled by horse power 
(or electric), and not by steam power, shall be used with cush- 
ions (or carpetings)*, on the seats or on the back of the seats 


thereof. 


-Sec. 317. That each and every car used upon any railroad in 
the city, for carrying or transporting passengers, shall, on each 
and every day on which it may be used for the carrying or trans- 
portation of passengers, be carefully and thoroughly swept and 


cleaned, so that all dirt and filth are removed from the inside 


of said car. 


4 Passed April 26, 1994, 


Cushioned 
seats not to 
be used on 
city cars. 


Street cars 
to be kept 
clean. 


358 


CITY ORDINANCES. 


MISDEMEANORS, PRECAUTIONARY REGULATIONS. 


Dangerous 
buildings or 
attachments 
thereto 
forbidden. 


No danger- 
ous sub- 
stance, ani- 
mal or thing 
to be on 
street. 


Disinterment 
of dead bodies 
forbidden. 


Sidewalks 
and gutters 
to be kept 
clean. 


Sec. 318. That no owner, part owner, tenant or occupant of 
any building or erection shall allow any part thereof, or any 
substance therein, or anything thereto attached, and which any 
such person can control or remove, to continue or remain in a 
position or condition that shall imperil the life or safety of any 
person thereat or therein, or who is or may properly be in any 


street or place. 


\ 


Sec. 319. That no person shall take, carry, expose or place in 
or upon any street or public place any substance, animal or thing 
which shall imperil the life or health of any person who is or may 


properly be in such street or place. 


Sec. 320. The disinterment of dead bodies from any of the 
cemeteries or burial places in or near this city, or storing dead 
bodies within the same, except for freezing or embalming, with- 
out special permission from the Mayor, and on such terms as he 


may prescribe, is forbidden.’ 


Sec. 321. Occupants of any and all premises fronting on any 
street or alley in the city shall clean up the sidewalks, guttering, 
and also the street or alley; if a street, four feet outside of the 
curbing; and if an alley, four feet from the line thereof, toward 
the center—the whole front of said lot or premises—twice a week 
(the time in the week to be designated by the Board of Health), 
and pile up the cleanings in the center of the street or alley for 
the garbage carts; and if the street or alley bounds more than 
one side of any lot or premises, the occupant of such lot or 
premises shall clean both streets or alleys as above provided; 
and if there be no occupant of such premises, the owner, or if 
he be a non-resident, his agent, shall have the cleaning done; 
and if such owner or his agent cannot be found, the engineer 


shall have the cleaning done. at the cost of the owner; and this 


5 Acts of 1879, pp. 63-64, Section 1, not to be removed until fifteen months 
after interment, nor when the thermometer is over 32 degrees Fahrenheit. 


CITY ORDINANCES. 


Son 


MISDEMEANORS, SANITARY REGULATIONS. 


ordinance shall apply to the alleys in the rear as well as on 
the sides of any lot or premises; provided, that on all the streets 
where street railroads, or other railroads, run, the railroad com- 
pany shall clean up between their tracks and two feet on each 


side of them.’ 


’ See, 322. There shall be appointed by the Legislative Council 
and the Board of Health, a Board of Inspectors of Vaults, who 
shall each at once proceed to inspect every privy and vault and 
water-closet in the respective districts assigned them, and where, 
in his or their opinion, the same or any of them are in un- 
sanitary condition, the inspector shall at once condemn the 
same as a nuisance and notify the occupant or owner of the 
‘premises where such privy, vault or water-closet is, to clean out, 
disinfect and fill up the same within ten days thereafter; pro- 
vided, however, when such occupant and owner is so notified, if 
he feels aggrieved by such action, he may petition the Fire and 
Police Commissioners within two days after said notice to have 
a committee of three citizens appointed by the Mayor to visit 
and inspect such vault, who shall act at once; and upon their 
inspection such action shall be taken as they, or any two of them, 
may, in writing, suggest, and the digging of privy vaults in the 


city is hereby forbidden.” 


Sec. 323. After the privy vaults have beem cleaned out, dis- 
infected and filled up, the fecal matter from receptacles pro- 
vided therefor shall be removed at the expense of the city, until 
connections can be made with the sewers, or until such time as 


this Council shall further determine.” 


Sec. 324. That it shall be the duty of every owner or occupant 
on whose premises there is a privy vault, as soon as notified by 


order of the Board of Health, to at once have the same cleaned 


1 See Section 698 Post. 
2 Sections 322 and 323 passed January 10, 1880. 


Inspector of 
vaults and 
his duties. 


Privy vaults 
forbidden. 


Fecal matter 
from unsew- 
ered district 
removed 
by city. 


Privy vaults 
to be cleaned 
out and filled 
up. 


360 


— 


CITY ORDINANCES. 


MISDEMEANORS, SANITARY REGULATIONS. 


Receptacles 
to be used for 
fecal matter 
—how dis- 
posed of. 


Bd. of Health 
shall super- 
vise all privy 
vaults. 


out and filled up, as provided in Section 323 of this ordinance, 
and it shall be unlawful for him or her to fail to do so; and 
if the same is not commenced within five days thereafter and 
prosecuted to completion with due diligence, it may be done by 
the Board of Health at the cost of such owner or occupant, to 
be recovered by the City Attorney from such owner or occupant; 


or made out of the property. 


Sec. 325. That as soon as the privy vane are closed, as 
above provided, every one shall provide in their stead a receptacle 
for fecal matter, which may consist of a water-tight box, with 
handles, holding from three pecks to a bushel, let in under the 
privy seat, or a bucket or tub of such size and construction as the 
Board of Health may prescribe; or a cement platform, raised at 
the edges six inches above the earth, and sloping toward the 
center, may be used, subject to the approval of the Board of 
Health; and at least once a day the excrement in the receptacle 
shall be covered with dry earth or dry ashes; and once every two 
weeks, or oftener if necessary, all of the excrement shall be 
carried off at the expense of the city,* and removed to such place 


as the Board of Health may designate. 


Sec. 326. That all privies* and receptacles for excrement shall 
be under the supervision of the Board of Health, and every one 
in the city shall be inspected once a month, or oftener if neces- 
sary, and for this purpose the officers of this board or the 
sanitary police shall have ingress and egress to and from each 
and every one of the premises of the city. And they shall see 
that every privy is kept clean and in a perfect sanitary condition, 
and it shall be unlawful for any one to fail to allow such ingress - 
or egress, or fail to keep the said privy in such clean and healthy 


condition. 


3 Ante Section 323. ‘‘Until connections with sewers can be made.’’ 
4 Digging of privy vaults forbidden. Ante Section 323. 


CITY ORDINANCES. 


361 


MISDEMEANORS, SEWER CONNECTIONS, ETC. 


Sec. 327. It shall be a misdemeanor to do, or cause to be done, 
any of the following acts, except as herein provided, and any 
and all persons guilty thereof shall be fined not less than $1 nor 


more than $50. 


Sec. 328. To uncover the public sewer for any purpose or 
make connections therewith, or uncover the public connection 
branches thereof, unless and except by the consent and under 
the supervision of the District Engineer, or his duly authorized 
agent or agents, whose duty it shall be to insure full compliance 
with this ordinance in relation to connections, and a failure of 
duty in this respect shall subject such engineer or agents to all 


the penalties in this ordinance. 


Sec. 329. To make, or cause to be made, any such connections 
except as above provided, and by a competent and skillful me- 
chanic, duly licensed to do such work by the Legislative Council, 
such mechanic not to be the agent of the District Engineer, 
or to make such connections in any other manner than as 


follows: 


A—Every pipe connecting with the sewer, whether of cast- 
iron or earthen-ware, must be sound and impervious in all its 


parts, and jointed in the best manner. 


B—Gaskets must be used in all cases; no other metal than cast- 


iron will be allowed, and joints in iron pipe must be of well- 


-caulked lead. 


C—Cement pipe is not to be used, but earthen-ware pipes of 


the best quality, jointed with fresh, strong cement mortar. 


D—These pipes to be laid at least two feet deep, and above that 
depth, the vertical pipes to be cast-iron, and all pipes from the 
Sewer connection to the top of the soil-pipe to be fully four inches 


in interior diameter at every point. 


Misdemeanor 
to commit 
following 
acts. 


Uncover 
sewers with- 
out permis- 
sion. 


Connections 
—how made. 


362 


CITY ORDINANCES. 


MISDEMEANORS, SEWER CONNECTIONS, ETC. 


Failure of 
owners or OC- 
cupants to 
provide water 
closets, ete. 


Failure to 

have a sink 
or other re- 
ceptable for 
waste water. 


Throwing 
filthy sub- 
stances on 
ground. 


E—No trap or any manner of obstruction to the free flow of 
air through the whole course of the drain and soil-pipe to be 
allowed, and any mechanic who shall directly or indirectly place, 
make, or cause, or allow to he placed or made, any 
trap, contraction oor other obstacle anywhere in the 
course of such pipe, in addition to the penalty herein prescribed, 
shall forfeit his license, and shall be ineligible to re-license 
for one year, and any other person offending as above shall be 
subject to the penalties of the ordinance, and shall, in addition, 


pay the costs of rectifying the wrong done. 


F—Every connection of a water-closet, sink, basin, or other 
vessel connected with the pipe, must be separated from it by a 
trap, offering an obstacle to the passage of air equal to not less 


than three-eighths of an inch depth of water. 


Sec. 330. For the owner or occupant of any building, any 
portion of which is used for any purpose during any portion of 
the day, to fail to have at least one water-closet connected with 
the public sewer fifteen days after notification from the Engineer, 
or Mayor, and to fail to have such water-closet aunaey arranged. 


for use as a urinal, unless a separate urinal is provided. 


Sec. 331. For the owner or occupant of any building in which 
food is cooked or clothing is washed, to fail to have a suitable 
sink, slop-stone or hopper for the reception of waste water; 
provided, however, that if the water-closet is of a kind suited to 
such use, it may receive the waste water, and the sink, slop- 


stone or hopper may be dispensed with. 


Sec. 332. To throw, or allow to be thrown or deposited, on 
the surface of the ground, or in any hole or vault, in or under 
the surface of the ground in the city, whether public or private, — 
except in the proper and necessary manuring of the soil, any 
water which has been used for domestic purposes, or any liquid 


or solid filth, or feces, or urine. 


CITY ORDINANCES. 


363 


MISDEMEANORS, SEWERS, DRAINS, ETC. 


Sec. 333. To allow any surface water or rain water, from the 
ground, or roofs of houses, to enter any sewer or drain, or any 
vessel or slop-stone, connected with any sewer or drain, or to 
admit any drainage water from any cellar, to a sewer; provided, 
however, that drainage for cellars may be provided in accora- 
ance with the regulations, plans and descriptions in the City 
Engineer’s office, and subject also to the restrictions of Section 


328 of this section. 


Sec. 334. To use or cause to be used any house drains for 
any other purpose or purposes than those specified in this ordi- 


nace, except by special permission from the Legislative Council. 


Sec. 335. To throw or deposit, or cause or permit to be thrown, 
or deposited, in any vessel or receptacle connected with a public 
sewer, any garbage, hair, ashes, fruit or vegetables, peelings or 
refuse, rags, cotton, cinders or any other matter or thing what- 
soever, except feces, urine, the necessary closet-paper and liquid 
house slops. And it is hereby made the duty of all citizens to 
aid the police in bringing offenders against this ordinance to 


punishment, and also to prevent breaches of the same.? 


Sec. 336. To use, or allow to be used any soil-pipe, or exten- 
sion of the sewer connection, whatever use it may serve, which 
does not extend at least six inches above the eaves or parapet 
or dividing walls of the house or building in which the same is 
constructed, and all ventilating pipes, for sewer connections or 
water-closets, are hereby required to be extended at least six 
inches above the eaves, parapet or dividing walls, of every house 


or building in or near which there is a sewer connection.2 


Sec. 336a. To use, or allow to be used, any bell-trap, or any 
other trap depending for its seal on an easily movable part, or 


to construct, or use, or cause or allow to be constructed or used, 


1 Section 335 passed March 4, 1880. 
.2 Sections 336, 336a and 337 passed May 6, 1890. 


Allowing 
surface water 
to enter 
sewers. 


Misuse of 
drains. 


Depositing 

garbage and 
other refuse 
in sewers or 
connections. 


Length of 
soil and ven- 
tilating pipe. 


Using im- 
proper traps 
and seals. 


364 


CITY ORDINANCES. 


MISDEMEANORS, SANITATION, CLOSETS, ETC. 


Failure to 
connect wash- 
stands, etc., 
with sewers. 


Failure to 
provide sani- 
tary closets 
and sinks. 


Duties of of- 
ficers to re- 
port. 


Inspection. 


Procedure. 


any water-closet, which has an unventilated space of more thar 
100 cubic inches capacity between two water seals, or which has 
such unventilated space of any capacity, in which any part of 
the mechanism moves or the walls of which are not flushed at 


all points at each use of the closet.’ 


Sec. 337. To fail, or refuse to connect all wash-stand or slop- 
stands, in the house or yard, with the sewers, or allow any slop, 
wash or waste water of any kind to flow over the pavement, or 


under the pavement on or into the street.’ 


Sec. 338. The owners, tenants or occupants of any improved 
property within the limits of this city shall be and they are hereby 
required to construct and maintain such water-closets, slop-sinks 
and other appliances as may be necessary to good sanitation, 


and to connect the same with the water and sewer mains.’ 


Sec. 339. It shall be the duty of any member of the sanitary 
or police force of the city to report to the President of the 
Board of Health any premises upon which the water-closets, slop- 
sinks or other appliances are improperly located, insufficient in 
number or capacity, improperly constructed, insufficiently ven- 
tilated, or in any respect unsanitary or not in compliance with 
the ordinances of the city. Thereupon it shall be the duty of 
said board to inspect said premises and to determine the ques- 
tion; and if in any of the respecis aforesaid the closets, sinks or 
appliances aforesaid shall be found to be in an unsanitary con- 
dition, insufficient in number or capacity, or improperly located, 
the said board shall, by written notice to the owner, tenant or 
occupant, specifically point out the defect and the manner in 
which the same shall be remedied, and the said Board of Health 
shall decide upon such number and location of closets and appli- 


ances as may be necessary for use of the occupants.’ 


2 Sections 336, 236a and 337 passed May 6, 1890. 
38 Sections 338, 339 and 840 passed May 9, 1899. 


CITY ORDINANCES. 


365 


MISDEMEANORS, PRECAUTIONARY REGULATIONS. 


See. 340. That such owner, tenant or occupant shall, within 
five days after the service of the notice aforesaid, proceed to 
remedy such Aerect in the manner prescribed, and shall com- 
pletely comply with the requirements of the Board of Health 
within ten days after such service. Failure so to do shall be a 
misdemeanor, and shall subject any such owner, tenant or occu- 
pant, upon conviction thereof, to a fine of not less than $1 nor 


more than $50 for each offense.* 


Sec. 341. That every person who knowingly omits or refuses 
to comply with, or who resists or willfully violates any of the 
provisions of this article, or any of the rules, orders, sanitary 
regulations or ordinances established or declared by the Board 
of Health, in carrying out the provisions of this article, or the 
execution of any order or special regulation of the Board of 
Health, made for that purpose, is hereby declared to be guilty of 
a misdemeanor, and, on arrest and conviction before the Presi- 
dent of the Board of Fire and Police Commissioners, he shall be 
fined for each offense in any sum not less than $1 nor more than 


$50, to be collected as other fines are collected.‘ 


Sec. 342. No person, firm or corporation residing or doing 
business in the City of Memphis shall sell, exchange or give 
away the contents of any straw, cotton, excelsior or shuck mat- 
tress which has been used for bedding purposes. Any person, 
firm or corporation violating this ordinance shall be guilty of a 


misdemeanor and fined not less tren $2 nor more than $50 for 


each offense. 


Sec. 343. It shall be a misdemeanor tor any person to spit 
on any sidewalk within the limits of the City of Memphis, or 
upon the walks in any public Square in said city, or upon the 


floor or platform of any street car operating within the city 


en ee 
3 Sections 333, 339 and 340 passed May 9, 1899. 
4 Sections 338 to 341, inclusive, passed May 9, 1899. 


Owner to 
remedy defect 
within five 
days after 
notice. 


Penalties 
for non-com- 
pliance. 


Misdemeanor 
to sell or give 
away material 
which has 
been used 

for bedding. 


Spitting on 
sidewalks, 
etc., misde- 
meanor. 


366 


CITY ORDINANCES. 


MISDEMEANORS, PRECAUTIONARY RFEGULATIONS. 


Sale or gift 
of cocaine 
without 
proper certifi- 
cate. 


Misdemeanor. 


Placing rags, 
paper, etc., 
in garbage 
boxes. 


Misdemeanor. 


limits, or upon the platforms of railroad stations, or upon the 
floor of any railroad passenger stations within the city. 
Any person violating this ordinance shall be fined not less : 


than $2 nor more than $25 for each offense. 


Sec. 344. No person, firm or corporation shall, within the 
limits of the City of Memphis, sell or give cocaine or any prepara: 
tion, compound or mixture of cocaine, or its salts, to any person 
in any quantity less than one pound, unless the person offering 
to purchase shall produce a certificate from a practicing phy- 
Sician, stating that such person needs cocaine for his or her 
physical welfare, and a separate certificate shall be produced 
for each purchase. Each certificate shall bear the date upon 
which it is issued, and no sale shall be made upon such certifi: 
cate except upon the date upon which said certificate is issued, 
and the certificate shall be delivered to the person making the 
sale and filed by him, and such certificates shall be open to the 
inspection of the Police Department of the city at any time. 

Any person violating this ordinance shall be fined not less 
than $2 nor more than $50 for each offense, and each sale shall 


constitute a separate offense. 


Sec. 345. All householders, tenants and occupants. of houses 
within the city are hereby prohibited from putting paper, shav- 
ings, rags or other inflammable material into garbage or ash 
boxes, but all such material shall be burned upon the premises 
of such householder, tenant or occupant; but care shall be taken 
not to set fire to any fence, house or property of any character. 
All such paper and other inflammable material shall be burned 
in stoves, fireplaces or in some other manner upon the premises 
of such owner or occupant. 

Any person violating this ordinance shall be guilty of a mis- 
demeanor, and shall be fined not less than $2 nor more than 


$50 for each offense.* 


1 Section 345 passed May 9, 1901. 


CITY ORDINANCES. 


367 


BY-LAWS GOVERNING LEGISLATIVE COUNCIL. 


ARTICLE 19. 
BY-LAWS GOVERNING THE LEGISLATIVE COUNCIL. 


See. 346. The following By-Laws for the government of the 
Legislative Council and for the transaction of business com- 


ing before the Council are hereby promulgated and established: 


Sec. 347. The Mayor shall take his seat as presiding officer 
of the Council, and shall call the meeting to order promptly at 
the hour appointed for the meeting. In the absence of the 
Mayor, the Vice-Mayor shall preside. The following order of 
business shall be observed: 

Ist. Roll call of members. 

2d. Reading of the minutes of the preceding meeting. 

3d. Reports of standing committees in the order designated 
by the Mayor. 

4th. Reports of special committees. 

5th. Reports by the heads of departments. 

6th. Unfinished business. 

7th. Ordinances and resolutions offered by members. 

8th. New business. 


_ 9th. Adjournment. 


Sec. 348. The Mayor, as presiding officer of the Legislative 


Council, shall preserve order and decorum at all meetings of the 
Legislative Council. Should he desire to absent himself from a 
meeting, he shall call upon the Vice-Mayor to preside, and if the 
latter be absent, he shall call upon some other member of the 


Legislative Council to preside. If the Mayor desires to leave 


the Council while in session he must obtain the leave of the 


Council. 


Sec. 349. At the first meeting in February of each year, or 


as soon thereafter as practicable, the Mayor shall appoint the 


368 


CITY ORDINANCES. 


BY-LAWS GOVERNING LEGISLATIVE COUNCIL. 


following standing committees, to serve during the ensuing 
year: 

1st. Committee on Railroads. 

2d. Committee on Parks. 

3d. Committee on Streets, Bridges and Sewers. 

4th. Committee on Street, Light and Electric Wires. 

5th. Committee on Water.’ 

6th. Committee on Public Lands and Buildings. 

7th. Committee on Privilege Taxes. 

8th. Committee on Ordinances and Resolutions. 

9th. Committee on City Hall. 

10th. Committee on Market House. 

Whenever any petition, resolution, proposed ordinance or 
communication of any character calling for action by the Leg- 
islative Council is filed with the Secretary it shall be his duty 
to refer the same to the appropriate committee, and the Secre- 
tary shall call a meeting of the members of such committee to 


examine into and report upon all business referred to it. 


Sec. 850. The Mayor shall appoint all special committees 
raised by the Council, unless otherwise ordered by the Council, 
and in the appointment of all standing and special committees 
the Mayor shall designate one member of such committee to be 
the Chairman. thereof. All committees shall meet at the City 
Hall, unless the Chairman shall specially request the meetings 
to be held elsewhere. The Secretary shall call the roll of the 
members of each committee promptly at the hour set for the 
meeting, and he shall report to the Council at its next meeting 
the members present and the members absent at all committee 
meetings held during the previous month. Each committee shall 
have the power to call upon the Mayor for information; also 


upon the heads of departments to appear before them and give 


2 Amended February 25, 1902. 


CITY ORDINANCES. 


369 


BY-LAWS GOVERNING LEGISLATIVE COUNCIL. 


such information as may be desired. Any person shall have the 
right to appear before any committee and address it upon any 
subject under consideration. The Secretary shall notify at least 
one signer of any petition of the time such petition will be 
considered in committee. The action of any committee upon 
any matter referred to it shall be embodied in a written report 
to the Legislative Council. Such report, with all papers relat- 
ing thereto, shall be delivered to the Secretary, who shail present 


it to the Council at its next meeting. 


Sec. 351. The chairmen of standing and special committees 
shall be called upon for their reports in the order laid down in 
Section 349. All reports of such committees shall be in writing. 
No verbal report shall be entertained by the chair. A majority 
of any standing or special committee shall be a quorum for 


business. 


Sec. 352. All ordinances and resolutions must be read and 


seconded before they are opened for debate. 


Sec. 358. Questions shall be put by the chair in the following 
form: “As many as are in favor of the ordinance, resolution 
or motion (as the case may be) say ‘Aye,’” and, after the 
affirmative vote is expressed, ‘““As many as are opposed, say ‘No.’ ”’ 
Any member may call for a division before the result is an- 
nounced, and, when such division is called for, the Secretary 


shall call the roll of the members. 


Sec. 354. In all cases of ballot by the Council, every member 
of the Council is required to vote on all questions submitted 
to the vote of the same, unless some member has a direct 
financial interest in the determination of the question under 


consideration, in which case he may be excused from voting. 


Sec. 355. During the pendency of any question before the 


Council, when the floor is not occupied by any member speaking, 


370 


CITY ORDINANCES. 


BY-LAWS GOVERNING LEGISLATIVE COUNCIL. 


the following motions may be made in the order in which they 


are named: 


To adjourn. 

To lay any motion or resolution on the table. 
To postpone. 

To call for the previous question. — 

To refer to a committee. 

To amend. 


/ ‘ 
Motions to adjourn or lay on the table shall not be debatable. 


As to all matters not provided for in these rules, Roberts’ 
Rules of Order shall govern as to questions of parliamentary law 


and practice. 


Sec. 356. No member shall absent himself from the Council 
while in session without first obtaining the permission of the 


Mayor. 


Sec. 357. No ordinance or resolution shall be acted upon or 


entertained by the Mayor until it has been reduced to writing. 


See. 358. None but a member shall address the Council, un- 
less by consent of two-thirds of the members present; but heads 


of departments may be called upon by any member for informa- 


tion pertaining to such department when such information is 


pertinent to the question before the Council. 


See. 359. No member shall be allowed to speak until he has 
arisen from his seat and has been recognized by the chair as 


entitled to the floor. 


Sec. 360. No member shall sneaic more than twice upon any 
one ordinance, resolution or motion pending before the Council, 
and no member shall consume in said two speeches a longer time 
than ten minutes. This section may be suspended only by the 
unanimous consent’ of the Council; but, by a two-thirds vote, 


the Council may, before any ordinance, resolution or motion is 


CITY ORDINANCES. 371 


Abstract 
companies, 


PRIVILEGE TAXES. 


taken up for consideration, extend the time that may be con- 


sumed by each member in speaking thereto. 


Sec. 361. Any member interrupting another having the floor, 
or otherwise interrupting the business of the Council, shall be 


called to order by the chair or any member of the Council. 


Sec. 362. When a matter is referred to a committee of the 
Council the original papers shall be placed in the hands of the 
Chairman of such committee, which shall be returned to the 


Secretary with the report of the committee. 


Sec. 363. No ordinance or resolution creating or amending 
any contract, right or privilege shall be valid or attested by 
the Mayor or Secretary until it has been acted upon and passed 
by the Council at two readings, such readings to be had at sep- 


arate meetings, held on different days. 


Sec. 364. All ordinances or local laws, before being published, 


Shall be certified to by the Mayor and attested by the Secretary. 


Sec. 365. These By-Laws, or any portion thereof, shall not be 
suspended or amended except by a two-thirds vote of the mem- 


bers of the Council present. 


ARTICLE 20. 
PRIVILEGE TAX, 


AN ORDINANCE to provide revenue for the City of Memphis, 


fixing privilege taxes upon occupations, vocations and businesses. 


Sec. 366. Be it ordained by the Legislative Council of the City 
of Memphis, That each vocation, occupation and business herein- 
after named is hereby declared to be a privilege and the rate of 


taxation on such privilege shall be as hereinafter fixed: 


1. Abstract companies, each per annum............ $ 75.00 


S02 CITY ORDINANCES. 


PRIVILEGE TAXES. 


Advertising 2. <All persons, companies or corporations owning, con- 
companies. 
trolling or conducting the business of advertising 
in street cars in the City of Memphis, each per 
ADNUM $e os veie he ee 6 lv ce as dle es rege 100.00 
Agents. See “Merchant Brokers.” 
All persons, companies or corporations owning, con- 
trolling or conducting the business of advertising 
in dummy cars or railroad cars in the City of 
Memphis, each per annum ©... 70. 3.0 ee eee 50.00 
All persons, companies or corporations owning, con- 
trolling or conducting the business of advertising 
in railroad depots, each per annum.......... heat. 10.00 
Advertising agencies, including the painting of 


signs on fences, walls or other places within 


the City of Memphis, each per annum.......... 100.00 
Amusements, 3. (See Circuses and Menageries and Games.) 
Artists. 4. All artists and photographers, each per annum.... 25.00 


Photographers. 
enet puedes (Which shall include all persons selling goods, 
wares, merchandise, all other chattels, live stock, 
real estate or securities at public outcry, whether 
they charge for the same or not; but is not to 
apply to judicial sales or sales by trustees. ) 


Every auctioneer or firm of auctioneers, each per 


annum (D)0 we ews woes 8 onl oe Uh ae 75.00 
Automobiles, 5. All persons, firms or corporations dealing in auto- 
deklee % mobiles, or keeping a garage for same, each per 
AUN ooo 6 8s aie woke Ste bee 0 ae er 40.00 
For each automobile for rent or hire, per annum.. 5.00 
This shall include all automobiles for rent or 
hire. | 
ia 6. Athletic clubs, or associations, exhibiting boxing 


or wrestling contests, each per annum (not to 
be taken for less than twelve months)?.......... 300.00 


1 Revenue Act of 1909, Chapter 593. 
(b) Revenue Act 1909 fixes license on auctioneers at $25 per annum. 


CITY ORDINANCES. 


SAS 


Baseball fl 


parks. (For 
professional 
leagues. ) 


Bill posters. 8. 


Billiard 9. 


tables. 


Bicycles, 


Bottlers. 


Brokers on 
margin. 


10. 


PRIVILEGE 
Baseball parks in the City of Memphis, where ad- 
mission fee is charged, each per annum........ 
Traveling baseball teams, playing in open air or 
tents, and not playing in league parks paying a 
privilege tax as baseball parks, each per annum.. 


This tax not to be taken out for less than one year. 


All persons, firms or corporations posting bills or 
other printed matter for hire, which shall in- 
clude all persons engaged in bill posting and 

hanging lithographs, distributing circulars free 

by 


samples, advertising boards or advertising 


stencil, each per annum 


Ses £8 ev 6) 6 0 a) eB. 0) erie) 6: oo Bae Sip 


(See games.) 


All persons, firms or corporations dealing in bicy- 
cles or bicycle supplies, or both, each per annum 
All persons, firms or corporations keeping bicycles 
FODsIGre POAC PEL ANNUM 1... cc. «vi. be ds © husk ae 
When bicycles and bicycle supplies constitute not 
exceeding 10 per cent. of the common stock of 
a merchant’s stock, the privilege tax under the 


first clause of this item shall not be paid. 


Each firm, person or corporation engaged in bot- 
tling other than natural mineral waters, each 
BP. SEPT ERT ATE Ni er te tier he aac Soca ea MRP ee Loh 

Provided, that brewers or brewers’ agents paying 
taxes as such shall not be liable where they bot- 


tle beer only. 


A privilege tax of $2,000 per year is levied on each 
and every person, firm or corporation, and each 
and every agent and agency of such person, 
firm or corporation doing a brokerage or com- 


mission business and dealing in bonds, stocks, 


TAXES. 


25.00 


10.00 


75.00 


10.00 


10.00 


75.00 


374 


PRIVILEGE TAXES. 


Brokers. 12. 


CITY ORDINANCES. 


grain, cotton or other produce or commodity, 
where either of the contracting parties, buyer 
or seller, is dealing simply for the margin, or 
on the prospective rise or fall of the article or 
thing sold, or where either of the said contract- 
ing parties have had no intention or purpose of 
making actual delivery or receiving the property 
or thing in specie. And the existence of a con- 
tract, agreement or understanding between the 
buyer and seller, or between the broker and such 
buyer or seller, to the effect that the seller has 
the right to deliver and the buyer has the right 
to demand the delivery of the property or thing 
in specie, shall not exempt the broker from the 


payment of such tax. 


(Other than real estate or merchandise. ) 


Each person, firm or corporation or agent en- 


gaged in buying or selling notes, stocks, bonds 
or other securities in the City of Memphis, each 


per annum’ (@) 2. ase. ke ia Se ee 


No person or persons, firms, associations or corpo- 


rations engaged in the business of banking or 
insurance, shall, directly or indirectly, transact 
any business or enter into or perform any nego- 
tiations as a broker without paying the privilege 
tax levied upon brokers, it being the intention 
of this act that if any person, firm, association 
or corporation engaged in the business of bank- 
ing or insurance shall act, directly or indirectly, 
as a broker, the same shall be classified and 
held liable for the foregoing privilege tax on 
brokers. Dealers in stocks or bonds are hereby 
held to be brokers. ; 


(a) Revenue Act of 1909 fixes license on Brokers, per annum $75. 


100.00 


CITY ORDINANCES. 


Butchers or Wak 


retailers of 
fresh meat. 


14. 
Cash 16; 
register. 
Cobbler. 16. 
Concerts. ie 


Cold storage 18, 


companies and 
wholesale re- 
tailers of 
fresh meat. 


PRIVILEGE 
(This includes all offices, stalls or stores for the 
sale of fresh meat or from wagon at retail.) 
Butchers or retailers of fresh meat, each per 
Peat VEER CTE Oe tr h ta Uh Sod Pate: tice ee thic) wae eo bay's. wrecs 
But this shall not apply to farmers butchering and 
selling meat of their own raising from wagons, 
nor to abbatoir associations whose members are 
butchers already subject to butchers and retailers 
of fresh meat tax, and who kill for their own 


use, 


Every person, firm or corporation having paid a 
license to do business as a butcher or as a mer- 
chant, shall have the right to sell fish or game 
without the payment of any further license, pro- 
vided the sale of such fish or game be in: the 
same building in which such person, firm or 
corporation does business as a butcher or mer- 


chant. 


Each person, firm or corporation having a place of 
business, displaying cash registers as samples 


from which sales are made, each per annum.... 


Each person, firm or corporation repairing boots 
or shoes by machinery, run by other than hand 


TVET SEACIM DEY) ALD UIMS: sectesten ec eh tek es nie allele 
Concerts. (See Public Balls, Dances, etc.) 


All persons, firms or corporations engaged in the 
business of selling of meat by wholesale and 
cold storage companies, each per annum (b).... 

(Cold storage plants not operated for profit’ shall 


not be included in the above privilege.) 


“3 Chapter 593, Acts of 1909. 
(a) Revenue Act 1909 fixes license on Butchers, 
(b) Revenue Act 1909 fixes license on Wholesale Dealers in Fresh Meat, per 


annum $150. 


375 


TAXES. 


25.00: 


*25.00 


*7 50) 


200.00: 


ete., per annum $15. 


376 


CITY ORDINANCES. 


PRIVILEGE TAXES. 


. Carpet reno- 19, 


vators. 


Cigar stands. 20. 


“Check rooms. 21. 


Cireuses or Dre 


-menageries, or 
both. 


«Other exhi- Dion 


-bitions. 


“Theatrical 
companies. 


Provided, further, that cold storage companies 
where only produce or meats killed by local 


butchers is stored shall pay, each per annum.... 
Carpet renovators, each per annum.............. 


Cigar stands, each«per annum... ...\.3a eee ee 


Check rooms where the charge for any article is 
10 cents or more for every twenty-four hours or 
fraction thereof, each per annum... eee 


Where the charge is less than 10 cents for every 


twenty-four hours or fraction thereof, each per 


© 8 0 6 6 6 © 6 0 6 0 0 6 6 6 ee 6 6 6 0 6 8 te 6 8 6 6 BOs tee ee uienie 


(When admission fee is charged.) 


Circuses or menageries, each per day (a) 


(Side shows and other shows and concerts in con- 
nection with above taxed separately under their 
appropriate head, if they charge a separate or 


additional fee.) 


Slight-of-hand or legerdemain each day and night, 


or day-or night, each. oo8i3'02 2%) ate ee 


Other exhibitions for profit (except circuses, 
menageries, etc.) except exhibitions for purely 
charitable purposes, and those given by ama- 
teur or home troupes, each day and night, or 


day or night, each 


€ © we © BC @ © 0) 0 @ 0 6 6 16 6 6 6 10) 0 eL6 sles ene owe 
Ce ee i er 


i 


Traveling theatrical companies showing in halls 
and not paying a privilege tax as theaters, for 


each day and night, or day or night: -.. ose ee 


75.00 
25.00 


10.00 


20.00 


10.00 


200.00 


20.00 


15.00 


30.00. 
100.00 


5.00 


(a) Revenue Act 1909 fixes privilege on Circuses and Menageries at $100. 


Moving 
pictures. 


Magic 
lanterns. 


Parades. 


Cloth 
peddlers. 


Coal or coke, 
or coal and 
coke (agents 
or dealers.) 


Coal oil, il- 
luminating oil 
or lubricating 
oil, or pe- 
troleum 
products. 


CITY ORDINANCES. 377 


PRIVILEGE TAXES. 
On vitascope, moving pictures or similar enter- 

tainments, in the City of Memphis, each per 

COON R rng rey ais Rt aga Ae i ay tA im a Ir ae 60.00 
On ioagic lanterns, each per annum... 2320.5. 5.00 
Where parades are given in the streets, and the 

shows are outside the city limits, the same privi- 

lege shall be charged for parades that are herein 

above enumerated for the shows................ 100.00: 
For each exhibition of trained animals, or dog or 

pony show, not being a circus or menagerie, for 

Sich Gaycang nigit..or day. orsnight. v0) tae. ee. 20.00: 
Wild West shows, not being a circus or menagerie, 


Pacheoayanuenifht..Or- day OT Nightrs «....a ast 150.00 


Pee rOLne Peddlers cach PCr ANNUM sg. otro cus Ayers v's oss 50.00: 


bo 
ol 


Each person, firm, agency or corporation dealing 

in coal or coke, or coal and coke, each per 

SEY RO 3 9 nue Ua nA ee Pla er ea 40.00 
This shall apply to each yard from which coal or 


coke is delivered or sold. 


26. Each person, firm or corporation, or local agent 
having oil depots, storage tanks or warehouses, 
for the purpose of selling, delivering or distrib- 
uting oil of any description, and each and every 
person using a railroad car or railroad depot for 

such purpose, each DEL WAN DUIN es he tae ees 300.00 
Persons selling to consumers direct from wagons 
Shall pay as peddlers; provided, that where oil 
does not exceed 5 per cent. of the common stock 
of a merchant paying merchants’ license, this 


privilege shall not apply. 


378 


CITY ORDINANCES. 


PRIVILEGE TAXES. 


products. ie 
Collection 

agencies. 
Commercial, 28. 


mercantile and 
mutual 
protective 
agencies. 


Construction 
companies, 


Cottonseed oil 30, 
mill, 


29. 


This tax shall be paid, whether such agency has 
paid the tax as required of commercial, mer- 
cantile, mutual benefit or protective agencies or 
not. 


Collection agencies, each per annum............. 


Commercial, mercantile and mutual protective 
agencies, each per annum. ..< si... sce ee 
Local collecting and protective agencies confining 


their operations to the county where located.... 


Each foreign construction company, with its chief 
office outside of this State, operating or doing 
business in this State, directly or by agent, or 
by any subletting contract, each per annum.... 

Each domestic construction company and each for- 
eign construction company, having its chief office 
in this State, and doing business in this State, 
each per: annum : 23.50% 6% ves so ed ee ee 

The above tax shall be paid by persons, firms or 
corporations engaged in the business of con- 
structing bridges, waterworks, railroads, street- 
paving construction work, or other structures 


of a public nature. 


On each plant pressing under 1,000 tons annually.. 


On each plant pressing 1,000 and under 5,000 tons 
ANNUAILY = sos i aie de a ec ale 2 ay wakes el st 
On each plant pressing 5,000 and under 10,000 tons 


annually. kes eis eee «ole eee ee ee 


On each plant pressing 10,000 and under 20,000 tons 
annually Poe s gee ay viet ee ied bl ale ee 
On each plant pressing 20,000 and under 30,000 tons 
ANNUALLY eo aa ee eco ees ce eee 


On each plant pressing 30,000 and under 50,000 tons 
ANNUALLY 5 ee see salts ote Rc catauls et ae eee 


35.00 


150.00 


11.00 


100.00 


25.00 


15.00 
30.00 
40.00 


60.00. 


CITY ORDINANCES. 379 


Cotton 
compresses, 


Cotton buyers 
and factors. 


Coffee stands 
and snack 
houses. 


Cotton 
pickeries, 


Cotton gins. 


Chewing gum 
manufactur- 
ers, 


dl. 


co 


Go 


ol 


PRIVILEGE TAXES. 


On each plant pressing 50,000 and under 75,000 tons 
aRTERITL LY MIRROR errr tere aia a ck Stat Sang wee hs ee ae Coens 200.00 
On each plant pressing 75,000 and under 100,000 
NST GROW Wy hee 8S a so Ak Na Al tome I inne a a a 300.00 


On each plant pressing 100,000 and over annually... 350.00 


Shall be taxed as other property, and each com- 

press pressing one bale and under 20,000 bales 

pee meerTi rea Te MLLRL UO DE Vinee once ate ces ai Wie layne, gi Drwtei-ece 25.00 
20,000 bales and under 50,000 bales, each per 

RREPAMIS CITA SE Ter OT WUR A cartene 2 a edes sicke ay 00K ov ps. 305 Siu eyes wo) ole are 50.00 
50,000 bales and under 100,000 bales, each per 

BPUNRE CLIT eae oye tere Soe neonate edhe Mee od be Re ere eH 8 100.00 
100,000 bales or over, each per annum........... 150.00 
Compresses compressing round bales shall pay as 


other compresses. 


(Cotton factors receiving and selling cotton other 
than merchants that pay a privilege tax.) 
Each person, firm, company or corporation, each 


PER ELI TITEL TNE OEE Nero ec iis (Air il Fler nl ears Gee age oon wie sche 50.00 


Every keeper of a snack house or coffee stand in 
which only coid lunches and warm drinks, such 


as coffee, tca, etc., are served, each per annum.. 25.00 


All persons, firms or corporations operating cot- 
sOnepicheries, cach. Der ANNUM «oe we... nee etsy 50.00 
All persons, other than cotton pickeries, buying 


loose lint or seed cotton from other than regu- 


larly licensed cotton factors, each per annum.. = 100.00 
are iss (CAC: POba AUTMIILME cc ere ec ioe te dedi atte oe 50.00 
Chewing gum manufacturers, each per annum.... 15.00 


(a) Revenue Act 1909 fixes license on Cotton Buyers, etc., per annum $25. 


380 CITY ORDINANCES. 


PRIVILEGE TAXES. 


cate drays, 37. Every owner of carts, drays, wagons and other 
vehicles drawn by one horse, or other vehicles 
drawn by one horse, per annum, $1.00, if the tire 
be 31-2 inches or more in width, and $5.00 per 
annum if it be less width; drawn by two horses, 
$2.00 per annum, if the tire be 31-2 inches or 
more in width, and $7.50 per annum if of less 
width; drawn by three or more horses, $3.00 
per annum, if the tire be 31-2 inches or more 
in width, and $10 per annum if it ke of less 
width. Every owner of wagons or other vehicles, 
whether residing in the city or not, kept or used 
for the free delivery of goods, wares, merchan- 
dise or chattels, to customers or others in the 
city, for each vehicle, the same tax that is herein 
charged for vehicles of a corresponding de- 
scription which run for hire; and all corpora- 
tions, associations, firms or partnerships owning 
drays, transfer wagons, carts or any vehicle 
known by any other name and used for trans- 
ferring raw or manufacturers’ articles shall pay 
the same tax as all other owners pay for like 
vehicles; provided, however, that no tax shall 
be required of the original vendor or producer of 
the products of the soil or dairy, raised or pro- 
duced by himself. 

The owner and driver of any vehicle required by 
law to have a license number on such vehicle is 
prohibited from retaining or keeping upon his 
vehicle any other license number than the one 


for the current year. 


CITY ORDINANCES. 


381 


Carriage or 
other 


Detective 
agency. 


Dealers in 
second-hand 
articles. 


Directory 
companies. 


Distillers of 
brandy. 


Dealers in 
Oriental 
wares and 
novelties, 


Dyeing and 
pressing es- 
tablishments. 


Die sinkers 
and stencil 
cutters, 


vehicle. 


wo 
ns 


39. 


40). 


41. 


42. 


43. 


44, 


45. 


PRIVILEGE TAXES. 


Every owner of a carriage or other vehicle, kept 
exclusively for use at funerals, for hire, for each 


eat e mB OT TIAL DT tamer e auiticresitiarerals sible ow stee wee 


Any person, firm or corporation running a pri- 
vate detective agency, or any person acting as 


a detective, shall pay per annum.............. 


Dealers in second-hand articles, per annum........ 


(See Junk and Rag Stores.) 


Each person, firm or corporation compiling, sell- 
ing or offering for sale, directories, each per 


annum 


Spel On ene 6) 6) ee ay 6 8: 6, 6 'e 6) 4) 6 8 © 6) 8. (0::6.1.6,'66 & B. 6 0 6 64 © 6. 0 


Each distillery with a capacity of five barrels or 
CvereuecrnUa ya PCle ani 2.0 he elaN oc cee «ues « 
Each distillery with a capacity of less than five 
DAPT Compete UayooNer ANNUM «osu cise Ga a e ew 
Distillers’ license shall not be issued for a less 


time than one year. 


Each transient person, firm, corporation, associa- 
tion or agent who offers for sale, or sells, Orien- 
tal rugs or carpets, bric-a-brac, pottery, or other 
fancy novelties of any kind, in each county, 
Creer Ee TY TL ITTY) ce fy ade le, cr aietd. olin hots oeve. a Rit alae era's 

This license shall be taken out for not less than 
one year. 


Dyeing, pressing and cleaning establishments in 


the City of Memphis, each per annum (a)..... 


Die-sinkers and stencil-cutters, each per annum.. 


*100.00 


10.00 


*50.00 


50.00 


25.00 


100.00 


25.00 


10.00 


* Chapter 593, Acts 1909. 


(a) Revenue Act 1909 fixes license on Dyeing, 


ete., per annum $15. 


382 


CITY ORDINANCES. 


PRIVILEGE TAXES. 


Eating or 
lunch houses, 
or stands or 
wagons. 


Elevators. 


Electrie light 
and power 
companies, or 
electric light 
or power com- 
panies. 


Exchange of- 
fices ‘and 
brokers. 


Feather 
renovators. 


Fees. 


Ferries. 


Piyies 
jennies. 


Florists. 


Fortune 
tellers. 


‘Fruit 
stands. 


46. 


47. 


48. 


50. 


on 


54. 


Eating or lunch houses, or stands or wagons, 


other than hotels or restaurants, tamales and 


oeeer reer eee 


wienerwurst stands, each per annum 
(See Warehouses and BHlevators.) 


This shall apply to corporations, associations or 
individuals selling light or electricity for com- 
mercial purposes—for light or power for sale 


and selling same, each per annum 


Every person, firm or corporation dealing regularly 
in exchange, or keeping an exchange office in 


the city, per annum 


re  ) 


Persons, firms, or their agents, soliciting or en- 
gaged in cleaning and renovating feathers in 


the city, each per annum 


Ce  } 


All persons; banking associations or brokers, or 
their agents, buying or attempting to buy fees 
of any officer or witness accruing in any of the 
courts of this city shall be taxed, each per 


annum 


ee 


Except those run by hand with oars, when landing 


in the City of Memphis, each per annum 


Flying jennies, each per: month......... ae 


Each person, firm or corporation dealing in cut 
flowers, or agents for same, conducting the busi- 


ness of a florist, each per annum........ a enehacees 


Each per annum (a) 


ere 08 @ 76 eC 6 6 ere, 0 6 -@ 100 Se le) 618-5 wl ea eure 


Each per annum (b) 


Ce i 


25.00: 


750.00: 


100.00: 


300.00) 


100.00: 


50.00: 


*5.00: 


*25.00) 


50.00 


20.00 


* Chapter 593, Acts 1909. 


(a) Revenue Act 1909 


fixes license on Fortune Tellers, 


(b) Revenue Act 1909 fixes license on Fruit Stands, per annum $5. 


per annum 


$10. 


CITY ORDINANCES. 383 


PRIVILEGE TAXES. 


Provided, that this shall not apply to persons 
engaged in the mercantile business, paying an 
ad valorem merchant’s or privilege tax as such, 
and who shall sell fruit as an incident thereto 
from the same established business place, when 
the ad valorem value of their stock of fruit does 
not exceed 20 per cent. of the value of their 


general stock of merchandise. 


Brokers and 57. Each and every person, firm, partnership or corpo- 
commission 


Business. ration doing a brokerage or commission busi- 


Bovures. ness for cash or actual future delivery on the 
regularly organized exchanges of the country, 
or through any member of said exchanges, each 


res RY FMT ETY TI CTT Mies eta tee ae eel scr eG, a 500.00 


Games. 58. Billiard tables, pool tables, bagatelle tables, tivoli 
tables, Jenny Lind tables, tenpin alleys, roller 
coasters or shooting galleries or stands, each per 
REOV TY SES  Sahteaa ties 6th coher ome oh GaN lie leer Aika Sg Eo 25.00 

But this shall not apply to pool or billiard tables 
in private houses not used for profit, nor to ten- 
pin alleys on private premises not used for profit 
and not open to the public, or associations for 
social purposes, or schools where no liquors or 
refreshments are sold. 

All devices used by persons as a source of profit 
to themselves, such as throwing at wooden fig- 
ures or any other object, throwing rings or any 
device of like nature, and striking an object to 
test the strength and blowing to test the lungs, 


EC LIC TAA LIYE Tithe titer oie gte te aera Pay Sahel tenes 10.00 


Baise 59. Gas companies in the City of Memphis, each per 


SEU ROEATIMMOeTR ES VSeo 5 es ars SL aie sumac ao eigtace etal Clave 700.00 


384 CITY ORDINANCES. 


PRIVILEGE TAXES. 


Gun and 60. Gun and locksmiths in the City of Memphis, each 
locksmiths. : 

per “annum :).. oes we eS En ek : 10.00 
Hotels and 61. For the privilege of keeping a hotel or tavern.... *25.00 
taverns. ° 


And 1 per cent. on the actual estimated rental 
value of the same. Said estimated rental value 
to be determined by the Legislative Council of 
the city. This shall not apply to boarding 
houses, small hotels or taverns having less than 


ten sleeping rooms. 


Hucksters. 62. Persons who, either at stalls or booths, or from 
wagons, sell butter, eggs, poultry, fruit or other 
produce from the farm, garden or orchard di- 


rectly to the consumer, each per annum (@a).... 20.00 


Horse and 63. Each shed, yard or barn used for caring for horses, 
wagon yards. 
cattle or other animals or wagons, or other 


vehicles, for gain or other profit, each per annum 50.00 


Ice. 64. This shall apply to each person, firm or corpora- 
tion selling imported or home ice, and to each ice 
depot from which ice is delivered, each per 
ANNUM os sins 5 chee oa hare Suslecs lee eee ne 100.00 
This tax shall not apply to municipal corporations 


owning and operating ice works and plant. 


Intelligence 

offices and 

employment 65.) Hach office; per: annum... 5. )o. 2a 10.00 
agencies. 5 
Itinerants. ‘66. Every corporation, partnership or individual acting 


as itinerary, whether. physician or not, either 
selling medicine or advertising their services, or 
both, by appearing on the streets or elsewhere, 
or making harangue for the purpose of adver- 
tising or selling as aforesaid, each per annum... 40.00 


*Revenue Act 1909 fixes license, viz: For each room, excepting dining- 
rooms, kitchen and parlors, for which more than $1 per day is charged, each 
room per annum $6€.75. For each room, excepting dining-rooms, kitchen and 
parlors, for which is charged ¢1 or less, per day, per room per annum, $0.50. 

(a) Revenue Act 1909 fixes license on Hucksters, per annum $5. 


CITY ORDINANCES. 


Junk and rag 67. 


stores. 


Job printers. 68. 


Kodak and 69. 


photogra- 
phers’ sup- 
plies. 


Laundries. 70. 


Lightning rod 71. 


dealers or 
agents. 


Lighting 72. 


companies, 


Liquors— 13: 


clubs. 


Beer TAs 


gardens, 


385 


PRIVILEGE TAXES. 


Every keeper of a junk or rag store, each per 
SUR TOAT ATOM CER ct ee te ire aca a Siu lak cake te enkiahosy ve%e Med ers 
(This license does not include dealing in seed or 


lint cotton.) 
Job printing offices, each per annum.............. 


Each person, firm or corporation selling kodak or 


photographers’ supplies, when principal busi- 


Pree CLOT eal TILED ea Yio gels a eel 6 Sd ares) Bo eis 08 


All persons, firms or corporations doing a public 
iouarY -pusiness, each-per ANNUM. Wo... 208... 

This shall also apply to such laundries run by 
hotels for profit. 

Agents for laundries located outside the city, for 


each laundry so represented in Memphis...... 


Each dealer or agent in the City of Memphis shall 


pay per annum 


RUGEO BOS. @ 61.0) Lesa 6.6) 19,8. 6) 16 1e 0) OH0) @)108, 6) 6) 6 « 


(Other than electric light companies and gas com- 

panies.) Corporations, companies, firms, individ- 
uals or associations furnishing light for street 
or other purposes, or railroad or sleeping car 


companies in the City of Memphis, each per 


eoeoere eee se ee eee eee eee ee ee eee seer eee eee eevee 


Every clubroom where liquors of any kind are 
kept, and taxed as other merchants, in addition, 


per annum? 


coerce cere ee eee ee ee wee ees sree eee eeeeeeene 


Every keeper of a pleasure or beer garden wherein 
spirituous, vinous or malt liquors are sold by the 
drink, or are drunk upon the premises, and, in 


addition, taxed as other merchants, per annum’. 


25.00 


*30.00 


50.00 


10.00 


100.00 


100.00 


200.00 


200.00 


* Chapter 593, Acts 1909. 
2 Acts of Tennessee, 1909. prohibits the manufacture or sale of liquors. 


(a) Revenue Act, 1909, fixes license on ‘‘Junk Dealers’? per annum $25.00. 


386 


CITY ORDINANCES. 


PRIVILEGE TAXES. 


Wholesale 
liquor deal- 
ers. 


Retail liquor 
dealers in 
connection 
with restau- 
rant. 


Retail liquor 
dealers in 
connection 
with retail 
grocery. 


Wholesale 
malt liquors. 


Breweries 
brewers’ 
agents. 


or 


Livery, sale 
and feed sta- 
bles. 


Lumber 
dealers. 


75. 


76. 


ee 


78. 


79. 


80. 


81. 


Liquor dealers, wholesale, and, in addition, taxed 


as other merchants, per annum?’ 


2 0 © 0 6 o/s 6 w 40 ole yee ane, 


Liquor dealers, retail, doing exclusively a retail 


business, or when carried on in connection with 


a restaurant or hotel, and taxed as other mer- 


chants, per -aAnnwim: sn een ee MPS eo 


Upon the privilege of retailing spirituous, vinous, 
fermented or malt liquors, when carried on in 
connection with a retail grocery store, and, in 


addition, taxed as other merchants, per annum’.. 


Wholesale dealers in malt liquors, and, in addition, 


taxed as other merchants, per annum.......... 


Breweries located in this city, and also each agent 
of, or person selling on commission for brew- 
eries, or any dealer or his agent by whom beer 
is sold, when the same was purchased from or 
on account of breweries, 


shall pay, each per 


Ce ee 


Livery, sale and feed stables having twenty stalls 
or under... es. .6cc. es lbe te 
For each additional stall until the number shall 
reach forty | 


© © oe 0.8 0 0) e. ¢ ce © 0 )\0 0 0. e~'0 0.60) 0:0 ie sie elenm a Ue alee 


For each additional stall above forty.............. 


Lumber dealers, who buy and sell lumber sawed, 


dealers in sawed logs and dealers in staves, must 


pay a privilege and ad valorem tax, as mer- - 


chants; provided, that merchants who also deal 


in lumber shall pay only one privilege tax. 


200.00 


200.00 


200.00 


200.00 


200.00 


30.00 


1.00 
50 


1907. 


3 Paragraphs 73 to 79, inclusive, passed August 8, 1907, as amended December, 


Machines. 


Marble dealers. 


Messenger 
service. 


Manufacturers 
of patent 
medicine. 


Museums. 


Merchants. 


82. 


84. 


85. 


4 Chapter 598, Acts 1909. 


CITY ORDINANCES. 


PRIVILEGE 


Nickel-in-the-slot machines or nickel-in-the-slot mu- 
sic boxes or phonographs, or other machines or 
devices of like character (not run in violation 
of criminal law), each per Scent Oe AC he panne: 

Penny-in-the-slot machines, each per annum...... 

Provided, that this shall not apply to merchandise 
machines delivering merchandise and kept by 
dealers in their regular place of business, paying 


a privilege tax as merchant. 


Each person, firm or corporation dealing in marble 
or marble monuments, or running a marble yard, 


OE: TCE 5) ADP ET ofa een CS eg ena a ae 


Each person, firm or corporation conducting a mes- 


senger service, each per annum*................ 


Each person, firm or corporation engaged in the 
manufacture of patent medicine, using cologne, 
spirits in the manufacture or mixing of such 
medicines, having gross aggregate sales per an- 
num amounting Wyss 
More than $5,000 and less than $20,000, each*.... 
More than $20,000 and less than $60,000......... 
More than $60,000 Ertese LHUATICS LUV OUU a catecc es 
More than $100,000 and less than $150,000....... 
More than $150,000 and less than $200,000....... 
More than $200,000 and less than $300,000....... 
More than $300,000 and less than $400,000....... 
More than $400,000 and less than $500,000....... 
Ete UME AEA TER OUT U)U) a ate ss. aie vise Satie wisikaielesp in sacs 


Museums (see Circuses, Menageries, etc.) 


Merchants (see paragraph 133) following. 


387 


TAXES. 


10.00 
2.50 


25.00 


15.00 


10.00 
15.00 
50.00 
150.00 
200.00 
300.00 
400.00 
500.00 


1,000.00 


388 


CITY ORDINANCES. 


PRIVILEGE TAXES. 


Merchandise 
brokers. 


Merchant 
tailors. 


Omnibuses, 
hacks, ete. 


Opera 
troupes. 


Museums, etc. 


Parks—public, 


Pawnbrokers. 


Playing 
cards. 


Parcel ears. 


86. 


89. 


90. 


91; 


92. 


93. 


Agents or brokers in the sale, or sale and detivery 
of any article of manufactured goods, stationery, 


or any kind of merchandise, each, per annum.... 
Merchant tailors shall be taxed as other merchants. 


Every owner of omnibuses, hacks, carriages or 
other vehicles, seeking custom upon the streets, 
or visiting the railroad depots or steamboat land- 
ings, or other public places, for the purpose of 
procuring custom, for each vehicle drawn by two 
horses or other animal, per annum.............. 

And for each vehicle drawn by three or more horses 


or other animals, per annum... 2c. S77. eee 


Opera troupes, museums, feats of agility, sleight-of- 


hand performances, exhibitions of curiosities in 


rooms or tents, exhibiting trick animal or ani- 


mals, etc. 
(See Circuses, Menageries, etc.) 

Each day and night, or day or night, each...... 
Per week | 


6 0 8 6 © © © © © 6 0. © 10 0 6 © 0 = © 01@ 0 0) 0 68) se el keno se) Bile) 1s sete 


Per month 


eS 


Public parks (when visitors are charged an admis- 
sion fee more than six times during the year, 


or more than ten cents at any time), each per 


Co ey 


Each per annum 


eoecereece eee eo ere eee ee ee ee ee eee ee we ee 


In addition they shall pay a tax as other merchants. 


Wholesale dealers, each per annum.............. 


ceoceree oe eo ee ee ee oO oO 


Retail dealers, each per annum 


Express or parcel cars, running on streets, rail- 


roads or dummy lines, each per annum........ 


50.00 


10.00 


15.00 


15.00 
30.00 
100.00 


100.00 


150.00 


20.00. 
5.00 


CITY ORDINANCES. 389 


Peddlers. 


Patent medi- 
cine peddlers. 


Wienerwurst, 
ete. 


Toy balloons. 


Dry goods, 
etc. 
Clothing 
Fruit or 


vegetables. 


Meat. 


Photogra- 
phers. 


94. 


97. 
ie 
99. 
100. 


101. 


102. 


PRIVILEGE TAXES. 
Buying or selling for profit, gifts, prizes or exemp- 


tions, or by the formation of purchasing clubs, 


RMINCYIN LCE Teor Al) VEIN. oes. wax ache esate 6's onesie 2 20.00 
MBIT TIC LI UCLOL Beth eke se Fa in.s sc lcpdaales Os ak ese ace ate 10.00 
Pe ATIVE IICIG Cie clcta ances wen alk be we we 50.00 
With music or other device, per quarter.......... 100.00 


Peddlers of patent school apparatus, maps, charts 
and other articles, if on foot, each per annum.. 150.00 
If with horse and vehicle, each per annum........ 300.00 


If with more than one horse, for each additional 


PROMO LR UILINITIY he als dc ies afc se cbs Ke ko 100.00 
Peddlers of coal oil and gasoline, per annum ...... 20.00 


For peddling wienerwurst (for each can), oys- 
ters, ice cream or other articles of prepared food, 


MRL OR TTT TATEEALL IVY eto net sy castes se octet a eee ais oe toe ohe'k 25.00 


For peddling toy balloons or musical instruments, 


tee MIO CMTIVOL Caer ete atte he Acts savers 4 ois vara aia es 10.00 


For peddling dry goods, notions, wearing apparel, 


merchandise, goods, wood or coal, per annum.. 20.00 


For peddling suiting, clothes, etc., commonly known 


as “cloth peddlers,” each per annum.......... 20.00 


For peddling tropical fruits or vegetables, unless 


raised by the vendor, each per annum.......... 20.00 


For peddling meat (all persons raising their own 
meat being privileged to sell not less than a quar- 
ter of beef, mutton or pork without license), 


ei MO APO TETECT IN Get cnt 0 foc. be hae, cho a! e's qae Syke arehel er 20.00 


All artists, photographers and other similar em- 


Min wuente Leach DEE ANNUM... 5... eso ce vente ee 25.00 


390 


CITY ORDINANCES. 


PRIVILEGE TAXES. 


Plumbers 108. 
and gas fit- 
ters. 
Public balls, 104, 
dances, pic- 
nics or barbe- 
cues. 

£05. 


Every person who shall, 


Plumbers and gas fitters, each per annum........ . 


The above tax shall be paid by gas and water com- 


panies doing a plumber’s business; provided, that 
plumbers and gas fitters paying this tax shall not 


be liable for a merchant’s privilege tax. 


by permission of the 


mayor, give a public ball or dance, or other like 


entertainment, whereat spirituous, vinous or 
malt liquors are sold by glass, or are drunk on 


the premises, for each twenty-four hours, or for 


each ball or other entertainment not continuing ,. 


longer than twenty-four hours...) 


For each and every public picnic, dance, barbecue 


or other entertainment, held within the city lim- 
its, for the purpose of private gain, and not for 
any charitable purpose, there shall be paid to the 


Register of Licenses and Privileges the sum of 


two ($2) dollars, and the Register shall issue a — 


license therefor, but no license shall be issued 
until the Chief of Police has approved the same 


in writing. 


The tund arising from the issuance of said license 


shall be devoted and expended by the Chief of 
Police for the relief of the poor and needy per- 
sons applying to the Police Department for as- 
sistance. And at the end of each month the fund 
aforesaid shall be turned over to the Chief of 
Police for the purpose aforesaid, who shall make 
a report of all expenditures. Any person holding 
or having any interest in any such public picnic, 
dance, barbecue or other entertainment for pri- 


vate gain, and not for any charitable purpose, 


- 25.00 


CITY ORDINANCES. 


391 


Ranges and 106. 


clocks. 


Real estate 107. 


dealers and 
agents and 
Jand compa- 
nies doing a 
real estate 
business. 


Railroad 108. 


ticket brokers, 


Railroad  ter- 
minal compa- 
nies, ; 


Real 


109. 


PRIVILEGE 
without first obtaining such permit from the 
Chief of Police and paying the Register of Li- 
censes and Privileges for the license herein re- 
quired, shall be guilty of a misdemeanor, and 
shall be fined not more than $50.00, and not less 


than $2.00 for each and every offense. 


Each firm or corporation selling or delivering 


ranges or clocks in the city, either in person or 
through agents ae consignees, and all persons 
who engage in the business of delivering ranges 
or clocks, shall pay a privilege tax, each per 


annum 


SUGLt CS OO) .6 6 CORO 0662616 CHé se (6) 0) 6 oC & 6 lee 8 © 6.8 « ee 6 6 


Provided, that no privilege tax for selling ranges 


and clocks shall be required of any merchant, 
either acting as agent or carrying as a part of 
his stock ranges and clocks on which he has 
paid a merchant’s privilege and ad valorem tax, 
and the same are sold at his established place 


of business. 


estate dealers and agents and land com- 
panies doing a real estate business in the City 


OLeMempiis,cach Per ANNUM... .. eek eee ees 


Every person who solicits or endeavors to make 


sales or rent property, on commission or other- 
wise, shall be liable for the above tax, unless they 
are members of the real estate firms who have 
paid the tax and their name appears in the li- 


cense, 


Brokers for railroad tickets, each per annum.... 


Railroad terminal companies, each per annum... 


TAXES. 


25.00 


50.00 


750.00 


392" 


PRIVILEGE TAXES. 


Restaurants 
and cafes. 


Does not au- 
thorize the 
sale of liq- 
uors. 


Sand, lime, 
sewer pipe or 
cement. 


Sewing ma- 
chine compa- 
nies and deal- 
ers in. 


ti2, 


Swimming 
pools, 


110. 


111. 


a as 


CITY ORDINANCES. 


Same as hotels, on each room, in addition, as 
follows: 

Restaurants and cafes in the City of Memphis, 

each per annum 


This shall 


a) 


include all places where meals are 
served at tables. 

The license to keep a restaurant shall not author- 
ize the sale or gift to guest of any spirituous, 
vinous or malt liquors, lager beer, ale, porter, 
cider or any light wines, nor tobacco nor cigars; 
and every person selling or giving away any of 
the said articles in or about his or her restau- 
rant shall first obtain the license therefor as 
herein prescribed, in addition to their restaurant 


license. 


Each person, firm or corporation not taxed as 
merchants dealing in sewer pipe, sand, lime or 


cement, each -per annum. .:. 2.62. 2. cee 


(In lieu of all other taxes, except merchant’s 


privilege and ad valorem tax.) 


Each company, firm or corporation selling sewing : 


machines in this State through agents, and every 
wholesale or retail dealer in sewing machines 
in this State, either as local agents or as part 
of their merchandise stock, unless the manufac- 
turer of such sewing machines so sold by such 
merchant has paid the tax thereby imposed, 


shall each pay to the Comptroller per annum.... 


Each person, firm or corporation operating swim- 


ming pools ‘for: Prohit.. ceo. .5s cs 5. as wrens 


* Chapter 593, Acts of 1909. 


40.00 


*20.00 


*200.00 


CITY ORDINANCES. sos 


PRIVILEGE TAXES. 
Soda foun- awe sOGde OUNLAINS,. Gach. DEN ANNUM... ook. hele ics ie oo -as 5.00 


tains. 
Soda water factories, each per annum .......... 25.00 


Stock yards. 115. (This shall not apply to livery stables already pay- 
Stock pens, 


ete. ing privilege taxes.) 


Stock yards, stock pens, feed or sale stables havy- 
ing stock pens in connection with their busi- 
ness, shall pay a_privilege tax of one ($1.00) 
dollar per pen of four hundred square feet (in 
calculating the number of pens, the surface coy- 
ered by pens shall be considered, counting each 
four hundred feet as a pen.) 

Security deal-116. Security dealers and loan agents, each per annum. 50.00 
eta “oy 1. Shaving notes, accounts, judgments or evidence 
of indebtedness, including loans or mortgages, 
is hereby classed and held to be dealing in se- 
curities. 

2. The business of loaning or advancing money 
on salaries, furniture or household goods, or 
other personal chattel, as a security, whether the 
security be by mortgage or sale, is hereby classed 
and held to be dealing in securities. 

3. Dealers in securities, as heretofore declared, 
shall not apply to real estate dealers or mer- 
chandise Brokers and agents paying a privilege 


tax as such. 


Street car 117. Street car companies and dummy railroads in the 
companies 


and dummy City of Memphis, or adjacent thereto, each track, 


railroads. 
Pe ea hefote SER PP ack scat a ete 10.00 
In addition, street car companies shall pay $20.00 


per mile per annum 


per annum on each car used by said company. 
Provided, that any such company selling light to 


consumers for lighting, heating or power pur- 


394 


CITY ORDINANCES. 


PRIVILEGE TAXES. 


Skating rinks, 118, 


Second-hand 
dealers. 


Steamboat 
and railroad 
agents. 


Theaters. 


Transfer 


ness for hire. 


Tarpaulins O: 
and _ skids, a 


Temporary 
sellers of 
goods. 


Trading 
stamp compa- 
nies. and 
merchants _ is- 
suing trading 
stamps. 


119. 


120. 


121. 


busi- 122. 


124. 


125. 


poses, or which has been consolidated with an 


electric light company, and is so selling light or 


heat or power, shall, in addition to this tax, pay 


the tax herein assessed against electric light com- © 


panies. 
Skating rinks,”each per annum ...¢ . sie ee 


Dealers in second-hand articles shall pay privileges 


as other merchants. 


Steamboat agents and agents for railroad com- 
panies, other than the proper officers of the rail- 
road terminating at the city, each per annum.... 

(A separate privilege tax shall be paid for each 


railroad represented. ) 


Each per annum 


©. © 0 10. 6 fe. 10 “eo! 0! 6) Si lee ee 6) oe) .@\0 a, oe ea eee eee oe Le 


Dealers in theater tickets, each per annum........ 


(This shall apply to companies or individuals op- 


erating hacks, carriages or wagons for hauling » 


freight or passengers, and not paying a livery, 
feed or sale stable license.) 
For each: horse, per -AannUM:.:.".).’.)5.) a eee 


Each keeper of skids or tarpaulins for hire, per 


Ce ee 


Every transient dealer or person who opens a store 
or place for the temporary sale of goods, wares, 


merchandise, 


per annum, provided that this section shall not 


apply to persons selling by sample only, nor to 
producers, or any agricultural article or product 


offering or exposing the same for sale. 


Each trading stamp company or agency doing 


business by the sale or giving away of trading 


shall be required to pay $50.00. 


30.00 


25.00 


200.00 
15.00: 


1.00: 


60.00 


CITY ORDINANCES. 395 


PRIVILEGE TAXES. 
stamps or like devices in the City of Memphis 
REELS A Wee OT TEULU TID roe. e erro ce ytae'e «oss Sent ees 500.00 
All persons, firms, corporations, agents or mer- 
chants engaged in business or dealing in mer- 
chandise by or through the method known as 


trading stamps or like devices shall: pay, per 


BMAP ALDITVileZe. LAN OL, G5 ean his Mat Bee's ca ete dese 250.00 
Provided, that this tax shall not apply to any mer- 
chant or manufacturer who shall issue and place 
his own tickets, coupons, or other vouchers in or 
with packages of goods sold or manufactured by 
him, such tickets or coupons to be redeemed by 
such merchant or manufacturer; nor to any mer- 
chant who shall call or give out with such pack- 
age, tickets, coupons, or vouchers issued and re- 
deemable only by the manufacturer of the goods 
suld. 
ere ACT. DOL ANTI ook succes acc weehele vance Ke sp oleae eee ees 50.00 
Variety thea- ) 
ters and 127 E h bl 1 9 
fcatideville i. ach, per annum, payable quarterly .........0..... 200.00 
shows. 
Vendors—pat- 128. Every person offering to sell or selling any patent 
ent articles. 
article, per annum, $50.00, payable quarterly in 
advance; provided, that the inventor himself 
shall pay no license tax for sales made by him- 
self of his patent right or his patented article. 
Vendors—fish 129. Every keeper of a fish or game store, for store, per 
and game. 
annum, same as other merchants. 
Warehouses 130. Warehouses and elevators, each, per annum ....... 50.00 
and _ elevators. 
eee Io | Warehouses or warerooms in the City of Memphis, 
EER SON UILINGD UL) Ooo en eal eRe chcte Hhtce cite +9) clays ise” e 0 25.00 


Water com- 2 ’ 
panies. POT OL IPT UIT © a he ice si eeate ss Siw bat oe he eee sees 800.00 


396 


CITY ORDINANCES. 


PRIVILEGE TAXES. 


Merchants’ 
privileges. 


License trans- 
ferred—how. 


Separate li- 
cense for each 
business. 


Violation. 


133. Merchants, each, per annum 20.0. eae cee ee 10.00 


Sec. 367. There is hereby assessed on all privileges not herein 
specially enumerated the tax equal to the tax assessed for state 
purposes, the same to be collected as other privileges are col- 
lected, but in no event shall less than $10.00 be charged as 


privilege tax. 


Sec. 368. That any and all licenses issued shall be for the 
sole and exclusive benefit of the party in whose name and for 
whose benefit such license shall be issued, and shall not be trans- 
ferable by the owner or holder thereof to any person whatever, 
under any pretense whatever, until the owner of such license 
shall apply to the city tax receiver to transfer the same, which 
transfer shall be made by the Register of the city; provided, that 
the owner of the same first pays all taxes he may owe to the 
city on account of the business carried on, for which said license 
is issued, whether such taxes are due on capital invested, goods 
on hand or otherwise, from the date of such license up to the 
time said transfer is made. The fee of the transfer shall be $2.00 


in such case, for the use of the said city. 


Sec. 369. That no license which may be issued shall embrace 
or authorize more than one business, pursuit or avocation, and 
ail persons desiring to pursue or carry on more than one pursuit 
or avocation shall take out a separate and distinct license for 
each pursuit, and pay the full tax required by law for each one, 
when called upon by a public officer, exhibit the same to him, 
and on failure to do so, shall be fined in a sum not less than $5.00 


nor more than $25.00. 


Sec. 370. That any person, firm or corporation carrying on @ 
business without first having obtained and paid for the license 


herein provided, shall be guilty of a misdemeanor, and shall be 


CITY ORDINANCES. 


397 


RENTALS FOR CITY PROPERTY. 


subject to a fine of not less than $1 nor more than $50 for each 
offense, and each day’s violation of the ordinance shall constitute 


a separate offense. : 


See. 371. Hereafter every person, firm or corporation doing a 
telegraph, postal telegraph, or telephone business in the City of 
Memphis, and occupying the streets, alleys or public grounds of 
or within the limits of the City of Memphis with telegraph poles 
and wires, shall, as a condition to such further occupancy, pay to 
ina city annually a rental in the sum of three dollars ($3.00) for 
each of said poles, and this rental shall be paid upon all poles now 


erected as well as those hereafter erected. 


Sec. 372. The license to occupy the streets, alleys or public 
grounds with such poles and wires shall be and the same is 
hereby revoked as to any person, firm or corporation that shall 
fail or neglect for twenty (20) days after the passage of this 
ordinance to pay the said sum of $3 per pole for the current 


year of 1902.’* 


RENTALS FOR. CITY PROPERTY. 
Chickasaw Cooperage Co. 


Lease dated Oct. 17, 1900; expires Oct. 17, 1910. 


Rental $355.87 per year, payable $88.97 quarterly.$ 355.87 


Assignees Williams & Co. lease, dated April 14, 
1899, 10 years; annual rental of $572.04, payable 
monthly or quarterly; expires Oct. 17, 1910 ..... 572.04 


ete. c PAR: R. 
Lessee Choctaw & Memphis R. R. Lease of prop- 
erty on river front. Rent per annum, $1,000 and 


BO MTCSPCCLIVELY © sss sailor cele wtatnce ea eas 2,500.00 


1 Sections 371-372 passed February 25, 1902. Balance of ordinance passed De- 
cember 19, 1907, except as otherwise noted. 

* A city’s claim for privilege taxes is subject to the bar of six years pre- 
scribed by Acts of 1885, Chapter 24, for all taxes, but not to the bar of threc 
years prescribed by the General Revenue Act of 1895, Chapter 5, for State and 
county taxes. 167 U. §. 871, 17 Pick. 155. 


Pole rental. 


398 


CITY ORDINANCES. 


RENTALS FOR CITY PROPERTY. 


Cook Brewing Co. 
Lease of lot corner Tennessee and Talbot streets. 
$1,000 per annum, payable quarterly. Expires 
January 16, 1914. (Payable to Water Depart- 
TONG) has cies Sil et ek ks lecw wb ws eco es alee 1,000.00 


Cumberland Tel. and Tel. Co. 
Pole rental of $3 on all poles used by it; contract 
dated September 10, 1903, to run for twenty-five 


years. 


Other Pole-using Companies. 


Pole rental of $3 on all poles. 


Louisville & Nashville Railroad Co. 
Lease of north half of Auction Square. Expires 


October 1; 1937; annual rental ..2 .2 0. ee 750.00 


Pittsburg Coal Co. 
Rent of Astor Park; per annum ~. 2... eee 365.00 
Rent of Lot s. s. Beale street, between Tennessee 


and Clinton streets, per annum, ...3. 0... 5 eee 75.00 


Tllinois Central Railroad Co. 
Rent of property on river front., Expires May, 1, 


L986; annual rental. 00 oe tre 1,000.00 


Pidgeon, J. C. 


Rent pér annum. .¢2-9.4 5. « tn Se 25.00 


Reed & Deucher. - 


Rent second floor Exchange building, $10 per 


month: per annum iG Ga ees See ee ee 120.00 


Shea, Dan. 


Sixty feet. west side of Front street. Expires 
December 1, 1915; payable $20 per month; an- 
nual rental of ae Ce iE Date lk pao 240.00 


CITY ORDINANCES. 


399 


PLUMBERS, EXAMINATION AND LICENSING. 


Strong & Jones. 
Rent of property corner South Third and Gayoso, 
$50 quarterly. Expires November 15, 1919; evi- 


SCRE ye NOLES NOY AN OUI, wie cess occas ee wes 200.00 


ARTICLE 21. 
PLUMBERS. 

Sec. 374. No person, firm or corporation engaged in or work- 
ing at the business of plumbing shall engage in or work at said 
business in the City of Memphis, either as master employer or 
journeyman plumber, unless such person, firm or corporation 
first receive a license therefor, in accordance with the provisions 


of this ordinance. 


Sec. 375. Any person :desiring to engage in or work at the 
business of plumbing, either as master employer or journeyman 
plumber, in the City of Memphis, shall be required to submit 
to an examination before a Board of Examiners, as hereinafter 
provided, as to his experience and qualifications in such trade, 


business or calling. 


In the case of a firm or corporation engaged in the business 
of plumbing, the manager or superintendent of such firm shall 
be examined and licensed, as well as the journeyman plumbers 


employed. 


Sec. 376. There is hereby established a Board of Examiners. 
Such board shall consist of four members, namely, the President 
of the Board of Health, a master or employer plumber of not less 
than ten years’ experience as a practical journeyman, a journey- 
man plumber of the like experience, and the City Plumbing 
Inspector. | | 

The term of office for the master or employing plumber shall 
be two years, and for the journeyman one year. The Mayor 


shall appoint the master and journeyman plumber and their suc- 


License re- 
quired, 


Examination 
for license. 


Board of Ex- 
aminers— 

members and 
term of office, 


400 CITY ORDINANCES. 


FLUMBERS, EXAMINATION AND LICENSING. 


cessors. Three members of the board shall have the power to 
act. All the members of the board shall subscribe to an oath 
before the Mayor to discharge their duties impartially to the best 
of their ability, without fear or favor. 

Benes Sec. 377. Said Board of Examiners shall, as soon as may be 
after their appointment, meet and organize by the selection of a 
Chairman, and the Inspector of Plumbing shall be their Secre- 
tary, who shall designate the time and place for the examination 
of all applicants desiring to engage in or work at the business 
of plumbing in this city. 

Meetings. Meetings of the Plumbing Board shall not be held oftener than 
once a month, and not then unless necessary, and only upon the 
approval of the Secretary of the Plumbing Board. 

_ All plumbers All persons, firms or corporations engaged in the plumbing 


to be exam- 


ae hae 9 business must be examined and licensed within ninety days after 
assage of or- : é z 
PFC the passage of this ordinance. Said Board of Examiners shall 


ee examine said applicants as to their practical knowledge of plumb- 
ing, house drainage and plumbing ventilation, and if satisfied 
as to the competency of the applicant, shall issue a certificate to 
that effect. Said certificate shall be signed by the Secretary, 
who shall keep a record of same, and the same shall be valid 
until revoked by the board. 

Compensa- There shall be no compensation for the services of the Presi- 

ae Ce dent of the Board of Health and Plumbing Inspector as mem- 
bers of said board, other than that now received under existing 
laws and ordinances; and the master and journeyman plumber 
shall receive for each meeting attended $5. 

Fey for Sec. 378. Any person, firm or corporation which shall engage 

yiolation. 


in the plumbing business without having been examined and 
licensed, or which shall violate any of the provisions of this 
ordinance, shall be guilty of a misdemeanor and shall be subject 


to a fine of not less than $1 nor more than $50 for each and 


CITY ORDINANCES. 


401 


MASTER PLUMBERS, BOND, CERTIFICATE, ETC, 


every offense, and each day’s violation shall constitute a separate 


offense. 


Sec. 379. In order to defray the expenses of the Board of 
Examiners, every master plumber is required to pay for his 
examination and certificate $5, and each journeyman plumber 
$1.50. These fees shall be paid to the City Plumbing Inspector, 
and by him turned over to the County Trustee. 

Nothing in this ordinance shall be construed as to relieve 
any master plumber from giving bond as now required by the 


ordinances of the city. 


Sec. 380. If any person, firm or corporation shall violate the 
plumbing ordinances of the city, the Board of Examiners shall 
have the power to revoke the certificate of such person, firm or 


corporation. 


Fees to be 
paid by ap- 
plicants for 
examination. 


License re- 
voked for vio- 
lation of 
plumbing or- 
dinances. 


Sec. 381. Before any person, firm or corporation shall en- Registration. 


gage in the business of plumbing in the City of Memphis the 
name, residence and place of business of such person, firm or 
corporation shall be registered in a book kept for that purpose 
by the Secretary of the Board of Examiners, established by the 
ordinance passed July 5, 1900, and every removal of place of 
business or change in any firm engaged in plumbing shall be 


promptly entered upon such register. 


Sec. 382. Every reter plumber doing business in the City of 
Memphis shall give a bond in the penalty of $500, with a 
surety company, or two good sureties owning unincumbered 
real estate in the City of Memphis; said bond shall be payable 
to the City of Memphis, for the use of the city, and any citizen 
who may be damaged by the failure of such master plumber to 
comply strictly with the plumbing ordinances of the city, or 


who may be damaged by any negligence committed or imperfect 


1 Sections 374 to 380 passed July 5, 1900. 


Bond. 


402 


CITY ORDINANCES. 


MASTER PLUMBERS, BOND, CERTIFICATE, ETC. 


Certificate to 
be exhibited 
at place of 

business, 


Names of 
workmen to 
be furnished. 


Privilege tax 
repealed. 


work done by such master plumber; and said bond shall be 
so conditioned as to require said master plumber to comply with 
all the laws and regulations of the city velar to plumbing, 
house drainage and excavation, and conditioned so as to require 
such master plumber to employ no journeyman plumber unless 
he has a certificate from the Board of Examiners, and in said 
bond said master plumber shall indemnify and hold harmless 
the City of Memphis. and all persons from damages caused by — 
the negligence or inadequate work done by them or. their 
employes. : 

Said bond and certificate shall be renewed once a year, and 
shall expire on December 31 after their issuance, and if the 
security should become impaired before the expiration of aaa 
bond the secretary of the Board of Examiners shall require a 


new bond to be given immediately. 


Sec. 383. It shall be the duty of every registered plumber to 
display his certificate of registration at his place of business in 
a conspicuous manner, and it shall be unlawful for any person, 
firm or corporation not so registered, or whose certiiedte ot 
competency has been suspended, or canceled, to exhibit the sign 
herein described, or in any way to represent himself to be regis- 
tered and authorized to do plumbing. No person, firm or cor- 
poration not so registered, or whose certificate has been 
suspended or canceled, shall be given a permit to carry on the 
business of plumbing, or to do any work upon plumbing, or 


house drainage. 


Registered master plumbers shall furnish, when required, the 
full names of the workmen employed by them. 
The ordinance requiring master plumbers to pay a privilege 


tax of $25 per annum is hereby repealed.’ 


1 Passed July 11, 1901. 


CITY ORDINANCES. 


403 


SEWER OR DRAIN 


Any person, firm or corporation violating this ordinance shall 
be guilty of a misdemeanor, and shall be fined not less than $2 


and not more than $50.* 


Sec. 384. There is hereby created a sewer or drain layer li- 
cense, and every applicant for such a license shall qualify before 
the Board of Plumber Examiners as to his competency in such 


business, work or calling. 


Sec. 385. Be it further ordained, That the holder of a sewer 
or drain layer license shall be authorized to lay, clean out or re- 
pair sewer, drain or water pipes, including connections with the 
public sewers, laid beneath the surface, and to a point five feet 
outside of the foundation walls of any building, and for such 
other work as the Board of Plumber Examiners may deem the 
holder of the said drain layer’s license competent to execute; 
‘provided, the holder of such a license shall not do any work 


inside any house. 


Sec. 386. Nothing in this ordinance shall interfere with or 
prohibit any master or journeyman plumber from carrying out 
the provisions of this ordinance who has a certificate as master 


or journeyman plumber from the Board of Plumber Examiners. 


Sec. 387. All persons carrying on the business of drain or 
sewer layer shall be required to give the same bond as now 
given by master plumbers, to hold him firmly bound unto the 
City of. Memphis for the faithful performance of all work as a 
drain or sewer layer; and each license shall be renewed once a 


year, and every certificate shall expire on December 31, after 


issuance. 


Sec. 388. In order to defray the expenses of the Board ot 


Plumber Examiners every sewer or drain layer shall be re- 


2 Sections 381 to 383 passed July 10, 1902. 


LAYER, ETC. 


Penalty for 
violation, 


Sewer or 
drain layer 
license. 


Authority of. 


Plumbers’ li- 
cense in- 
cludes. 


Bond 
required. 


Expenses of 
license. 


404 


CITY ORDINANCES. 


PLUMBING REGULATIONS. 


Misleading 
sign. 


Violation. 


Violation. 


Plans to be 
filed. 


Hlow drawn. 


quired to pay for his examination and certificate $5. This fee 
shall be paid to the City Plumbing Inspector, and be by him 


turned over to the tax receiver of the City of Memphis. 


Sec. 889. It shall be unlawful for any person, firm or cor- 
poration to exhibit any sign, or in any way represent themselves. 
to be other than that which he or they have been licensed to do 


by the Board of Plumber Examiners. 


Sec. 390. Any person, firm or corporation who shall violate 
any of the provisions of this ordinance shall be guilty of a mis- 
demeanor, and shall be subject to a fine of not less than $1 nor 
more than $50, for each and every offense, and each day’s viola- 


tion shall constitute a separate offense. 


See. 391. If any person, firm or corporation shall in any 
way violate this ordinance, the Board of Plumber Examiners 
shall have the power to revoke the-license issued to any such 


person, firm or corporation.’ 


ARTICEE +22: 
PLUMBING ORDINANCE. 
(Passed Aug. 22, 1901.) 


All plumbing work within the city shall be done and main- 


tained under the following rules and regulations, viz.: 


See. 392. Before the construction, reconstruction, alteration 
or repairs (except as hereinafter provided) of any portion of the 
plumbing and drainage system of any building, suitable pians 
of all work proposed to be done shall be filed at the office of the 
Plumbing Inspector by the contracting plumber, architect, or 


by the owner or agent of the property. 


Sec. 393. All plumbing plans and sections shall show clearly 
the location of every pipe, fixture and trap, and the ventilation 


of rcom in which plumbing fixtures are to be placed. 


1 Sections 384 to 3891 passed July 10, 1902. 


CITY ORDINANCES. 


405 


PLUMBING REGULATIONS. 


Sec. 394. Plans will not be required in case of removal of 
stoppage, repairs of leaks and repairs of broken fixtures, tanks, 
kitchen boilers or faucets, but notice of such must be filed at the 


office of Plumbing Inspector for permit. 


See. 395. When a number of buildings are situated together 
or apart on one lot, and the plumbing is the same in each and 
to be done under the same contract, one plan will be permitted 
for all the buildings. In such a case a general plan must be sub- 
mitted, showing all the houses, and the location of the six-inch 
main drain, together with the four-inch branch for each house 


not less than ten feet. 


9 
o 


Sec. 396. Each and every building must be separately con- 
nected with the city public sewers, and its connection and house 
sewer line must in all cases be put on the same lot as building 


is situated on. 


Sec. 397. Every plan must be accompanied by a clear written 
description thereof, or an abstract of the specifications on the 
blank supplied by the office of Plumbing Inspector for this 


purpose. 


Sec. 398. Plans and specifications will be approved or rejected 


within a reasonable time from date of filing. In case of dis- 
approval, the one filing the plans will be notified in writing of the 


reason for such disapproval. 


Sec. 399. No portion of the plumbing or drainage work sha!} 
be executed until the above-mentioned plans and description 


thereof shall have been approved by the Plumbing Inspector. 


Sec. 400. If the work is not begun under the approved plans 
within three months from the date of approval, such plan must 
be again presented for approval. 
condition that such approval expires by its own limitations 


within three months from the date of approval. And when ons 


Plans are approved under the 


When not 
required. 


One plan for 
several build- 
ings permit- 
ted. 


Separate 
connections... 


Specifica- 
tions. 


Approval or 
rejection of 
plans. 


Work to begim 
—when. 


Expiration oi 
approval, 


406 


CITY ORDINANCES. 


VFLUMBING REGULATIONS. 


Change in 
plans. 


Inspector to 
be, notified 
when work is 
ready. 


' Time of 
inspection. 


Water or air 
test. 


Final test. 


plan has been submitted for more than one building, this rule 
shall apply as to each of said buildings as if said plan had 
been filed for such building only. 


Sec. 401. No change or modification of the approved plans 
will be permitted unless such change or modification be author- 
ized by the owner or agent, submitted to the Plumbing Inspector 


and approved and placed on file as in the case of original work. 


Sec. 402. The Plumbing Inspector must be notified when the 
work is begun, and when any work is ready for inspection all 
work must be left uncovered and convenient for examination 
until inspected and approved. No notice shall be sent for any 
inspection until the work is entirely ready for thorough inspec- 
tion. In case of any violation of this regulation the approval of 
such plans may be at once revoked by the Plumbing Inspector, 
and upon notice of such revocation being given all work under 


said plans must cease. 


Sec. 403. The Plumbing Inspector will examine the work 
within two working days after notice that it is ready for inspec- 


tion has been received. 


Sec. 404. Plumbing work must be tested by water from the 
end of pipe to its termination above roof, or ten pounds air test 
in the presence of the Plumbing Inspector. Such test should 
include all drain soil and waste pipes, the lead branches, taps. 
and ferrule joints. If the drain or any part of the system 
is to be tested separately, then there must be a special provision 
made for that, including all joints and connections in at least 


one test. The use of wooden plug for test is prohibited. 


Sec. 405. When the work is completed a final inspection must 
be made by the plumber in the presence of the Plumbing In- 
spector by smoke machine, the plumber making all necessary 


preparation for such test. No plumbing work shall be used 


CITY ORDINANCES. 


407 


PLUMBING REGULATIONS. 


until this inspection has been made and a certificate that the 


work has been approved. 


Sec. 406. The term plumbing in these rules and regulations 


shall be construed to mean water, waste, soil, sewering, piping. 


407. House sewer pipe in yards shall be of the best quality 
vitrified pipe, with good bells to insure tight joints, with the 
following restriction: They shall not be laid closer than four 
feet to any exterior wall, cellar, basement, well or cistern, or 
less than one foot and six inches below the surface, or when 
the sewer passes through roadway or drive, then the pipe must 
be two feet deep, nor will it be allowed in bad or made ground, 
and in all other cases sewers beneath the ground must be of 
cast-iron pipe. The use of stone pipe is prohibited under any 


house. 


Sec. 408. When practicable drain pipes within the building 
shall be supported by substantial brick piers, or properly :secured 
to walls or suspended to floor timbers by strong iron hangers. 
When drains are necessarily laid below the floor, brass clean-out 
must be inserted every thirty feet apart, and on the ends and 
angles, and if the floor is granolith, cement or any other floor 
other than natural earth, then the brass clean-out must come up 
to the surface of the floor, so as to be easily accessible for repairs 


and cleaning out. 


Sec. 409. No old house sewer, soil, drain, waste or. vent pipe 
now in use shall be allowed in reconstruction unless it will stand 
the Plumbing Inspector’s test, as provided in Sections 404 and 405, 
and when there is a stone pipe under a house, if in the judgment 
of the Plumbing Inspector it is not sanitary and safe for the 
public health, then it is to be condemned and taken out and re- 


placed with iron, as provided. 


Sec. 410. There must be a suitable brass clean-out at the 


foot of each line of soil, and at each angle, and in horizontal 


Definition. 


Material of 
house sewer 
under 
ground, 


House drains. 
—how sup- 
ported. 


Old house 
sewers to. be: 
inspected. 


Brass clearing: 
branch. 


408 


CITY ORDINANCES. 


FLUMBING REGULATIONS. 


‘Rain water 
sleaders. 


Yard and 


-area drains. 


‘Cast iron pipe 


-and fitting. 


Table of 
weights. 


lines not more than thirty feet apart. There must also be a 
clean-out at foot and at each angle of sink or other fixtures, waste 
pipe, and on horizontal line thirty feet apart, and must be kept 


easily accessible when under floor, as provided in Section 408. 


Sec. 411. Rain water leaders must never be used as a soil or 
waste pipe, nor shall any soil, waste or vent pipe be used as a 
leader, where the leader is within the house. It must be cast-iron, 
with lead joints, or of wrought-iron pipe with screw joints. When 
outside the house, if of sheet metal, to within five feet of the 
ground, and from there under the surface of the ground to street 
or alley, it can be vitrified stone and iron pipe, to be accepted and 


approved by the Inspector. 


Sec. 412. Yard areas and open-light courts must always be 
properly graded cement, flagged or well-paved, and properly 


drained to street or alley. 


Sec. 413. All cast-iron pipe and fitting must be sound and free 
from crack, sand holes and other defects, and of a uniform inides 
ness, coal tar-coated, known in commerce as standard, in build- 
ings that are four story and fifty feet in height, and when the 
buildings are more than four stories and fifty feet in height, 
then the pipe and fittings must be what is known in commerce 
as extra heavy, but the top floor can be standard, properly 
divided, as this rule has provided. 

Standard: 

Two-inch, 24% pounds per lineal foot. 

Three-inch, 4144 pounds per lineal foot. 

Four-inch, 64 pounds per lineal foot. 

Five-inch, 8 pounds per lineal foot. 

Six-inch, 10 pounds per lineal foot. 

Extra heavy: 
Two-inch, 5144 pounds per lineal foot. 


Three-inch, 9144 pounds per lineal foot. 


CITY ORDINANCES. 


409 


PLUMBING REGULATIONS. 


Four-inch, 13 pounds per lineal foot. 
Five-inch, 17 pounds per lineal foot. 


Six-inch, 20 pounds per lineal foot. 


Sec. 414. When twenty or more water closets discharge into 
a vertical line of soil pipe, said pipe must not be less than five 
inches in diameter. In all other cases the soil pipe must be four 


inches in diameter. 


See. 415. The size of waste pipe must be as follows: Those 
receiving the discharge from eight fixtures shall be three inches 
in diameter; those to receive the discharge from three to seven 
fixtures shall be two inches in diameter, and those to receive the 
discharge from less than three fixtures shall be not less than 
one and one-half inches in diameter, and no iron pipe shall be 
used for a waste pipe that is smaller than two inches in 


diameter. 


Sec. 416. Joints in vitrified pipe shall be made with pure 
cement properly proportioned with clean, sharp sand. Joints 
in cast-iron pipe shall be made with pure lead, well caulked, and 
no paint, varnish or putty will be allowed until the joints have 
been tested. Joints in galvanized, wrought iron or steel pipe 
shall be screw joints. Joints in lead pipe shall in all cases be a 
full wipe or over-cast joints. Joints between lead and iron 
pipes shall be made by extra heavy cast or preferably drawn 
brass screw nipple, or with such caulking ferrules of the full 
size of the iron pipe thickness of all brass thimbles or ferrules, 


shall be at least the standard weights. 


Sec. 417. The size of the vent pipe, except for water closet 
and slop hopper sinks, shall not be less than that of the trap 
which it serves. A pipe not exceeding twenty-five feet in length, 
which ventilates the trap of water closet, shall be two inches in 


diameter; if it ventilates more than four closets it shall have a 


Size of soil 
pipe. 


Size of water 
pipe. 


Joints in pipe. 


Vent pipes. 


410 CITY ORDINANCES. 


PLUMBING REGULATIONS. 
diameter of three inches. If the length of the vent pipe exceeds 
twenty-five feet, the above diameter shall be increased one size 
at each connection, and not more than four traps shall be vented 
into one two-inch pipe, and not more than six trap vents shall 
connect to main soil pipe unless it be increased one size in 
diameter at connection; and vent pipes that are more than five 
feet in length must return at the bottom to main line of soil 


pipe, with Y connection. 


per ias Sec. 418. All house, sewer, drain, soil, waste and vent pipes 
must be as direct and straight as possible. Change in direction 
must be made with Y’s or half Y’s. Branch or one-eighth bend 
offsets shall be made with 45 (forty-five) degrees pends, or sim- 
ilar fitting. The use of sanitary Tee Y’s will be permitted on up- 


rignt lines. 


eee Sec. 419. All soil, waste or vent pipes shall be carried, un- 
of pipes at 
roof. diminished in size, to a height at least one foot above the roof, 


except in the case of roof of tenement-houses or roofs used for 
drying or other purposes, in which case they shall extend seven 
feet above the roof and be suitably braced. Such pipe shall 
terminate at a point approved by the Plumbing Inspector. Pipes 
on extension roofs, or when within twenty feet from any window, 
shall be carried up and continued above the main roof. There 
shall be no cap cowl ventilator, or return bends, put on the 
end of the pipes above roof, and the mouth of all such pipes 
on the roof shall be kept wide open. Open iron, brass or copper 
wire baskets will be permitted in the mouth of the pipe to keep 
out obstruction. Vent pipes may be carried above the roof in 
the same manner as soil and waste pipe, or they may be con- 
nected with soil or waste pipe five feet above the highest fixtures. 
And in all cases where the main soil or waste pipe is less than 
four inches in diameter, it shall be increased to four inches, not 


less than one foot below the roof. 


CITY ORDINANCES. 411i 


PLUMBING REGULATIONS. 


See. 420. In no case shall the waste from a bath tub, basin, rs from: 
ALUres— 
how con- 


sink or other fixture be connected with a water-closet trap. aoe a 


Sec. 421. The waste pipe of each and every sink, basin, bath Pune pee 
tub, water-closet, urinal and each set of traps or other fixtures traps. 
(except laundry tub, three parts combined), must be separately 
and effectively trapped. The trap is to be as near as practicable 
to the fixture it serves, and not more than fourteen inches to its 
water seal. No fixture shall be set on interior of house unless 


- supplied with sufficient water to properly flush it. 


Sec. 422. Trap and waste pipe shall be of the following size: Size of traps 
and branch 


For basin and pantry sink shall be 114 inches. Baste ptpese 


For slop hopper sink shall be 3 inches. 
For kitchen sink shall be 1% or 2 inches. 
For bath tub shall be 1% or 2 inches. 
For urinal shall be 114 or 2 inches. 


For water-closet shall be 4 inches. 


Sec. 423. All lead pipes, bends and traps must be drawn and 
of not less than the following weights per lineal foot: 

14-inch must be 21% pounds. 

14% inches must be 3% pounds. 

2-inch must be 4 pounds. 

3-inch must be 4%4 pounds. 


4-inch must be 5 pounds. 


Sec. 424. If found necessary, and when there is danger from an geele age | 
overflow in any building, and in all public buildings or factories 4ains. 
or hotels, and in large boarding or tenement houses, the floors 
and walls, at least two feet high, must be paved or lined with 
some non-absorbent material, such as stone, granolith, cement, 
finished smooth, or of slate or marble. The waste-pipe, if any, 
must be separately run to some open sight sink, or some other 


point satisfactory to the Plumbing Inspector. 


412 CITY ORDINANCES. 


FLUMBING REGULATIONS. 


Ice boxes, bar Sec. 425. No waste-pipe from a refrigerator, ice box, har 
fixtures, safe 
wastes, floor 
drains, soda 
fountains. 


fixtures, safe waste, floor drains and soda fountains, or any 
other receptacle where food is stored, shall connect directly with 
any sewer drain, soil or other waste pipe. The waste pipe must 
in all cases empty into an open sink that is properly connected, 
trapped and vented, the same as other fixtures. The waste pipes 
shall not ke less than 114 inches for one opening, and for two to 
Six openings it must not be less than 2 inches, and must have at 
each opening traps (acceptable to Inspector), and must have 
clean output on line and angles, so as to clear pipe, so arranged 
as to be properly flushed. This rule does not apply to any other. 


fixture, nor will any other be allowed this connection. 


aaa opens. Sec. 426. Whenever pipes pass through floors, the openings in 
in oors anc 


aa both floor and ceiling shall be tightly closed to prevent the pas- 
sage of air currents from one story to another, or from the 
pipes into ceiling space in a horizontal direction, or any other 
direction. 

Water closet Sec. 427. All buildings that are located on a ‘street or alley 

and slop sink 

Lalas PEO: in which a public sewer exists must be provided with water 


closets and sinks, and their number and location will be de- 


termined by the Plumbing Inspector. 


ee ae Sec. 428. Privy sink pan closets and all water closets having 
coe prohib- any mechanism in connection with their traps and bowl forming 
a mechanical seal are prohibited, and the hand hold traps, or 
any other traps that depend for their seal on any mechanical ar- 


rangement are prohibited. 


er closet Sec. 429. Earthen or iron water closets that have trap above 
oor flanges. 
the floor, using lead connection, must have a cast brass flange 
not less than one-eighth inch thick, soldered to the lead, bolted to 


the trap of closet, the joint being made perfectly air-tight. 


CITY ORDINANCES. 


413 


PLUMBING REGULATIONS. 


Sec. 430. The inclosing of water closet or other fixtures with 
wooden casing will not be permitted, nor wooden laundry tub or 


other wooden sink will be allowed. 


Sec. 431. Water closets or urinals, unless they be properly 
local vented, must never be placed in an unventilated room or 
compartment, and in the interior of a residence or dwelling 
house, where the door opens other than into a hall. A long flush- 
jng rim hopper and wash-out closet and Philadelphia hoppers 
¥ are prohibited; must be syphon jet closet or its equal; and in 
the interior of all houses there must always be a window with 


movable sash to the outer air, not less area than 214x6 feet. 


Sec. 432. Water closets which are located away from the 
buildings may be arranged so as to receive the water supply 
directly from the main, but they must be so arranged as to be 
conveniently and adequately flushed and effectively prohibited 


from freezing. 


Water closets when located on open porches or landings must 
be tank closets. If, however, the Plumbing Inspector deems 
the tank closet impracticable, then the hopper closet may be 


substituted.t 


Floor must be set on cedar posts, or brick foundation. The 
valve or other anti-freezing arrangement must be in the ground, 
incased in iron, or stone box or pipe, so as to be accessible for 
repairs. Size of house to be not less than 3x4x7 feet high; floor 


to be set six inches above ground surface.” 


Sec. 433. Grade of all sewer, soil and waste pipe shall be not 
less than two feet in a hundred. Vent or back air pipes must 


have a suffiicient fall to prevent stoppage. 


1 The provision ‘‘water closet when located on open porches,’’ etc., amend- 
ment July 10, 1902. 


2 Paragraph 3 of Section 432 passed July 10, 1902. 


Inclosing of 
closet with 
wood casing 
prohibited. 


Closets to he 
properly ven- 
tilated. 


Closets in 
yards. 


Closets open- 
ing on 
porches, ete. 


Water closets 
in yard—con- 
struction. 


Grade of 
pipe. 


414 CITY ORDINANCES. 


PLUMBING REGULATIONS. 


Grease traps. Sec. 434. In all cases where a building is used as a hotel, 
factory, tenement, boarding-house, restaurant or place where 
large amount of cooking is done, all sinks must be provided with 
a properly constructed grease trap, through which all slop of a 
greasy nature shall be drained, and the Plumbing nape has. 
authority, and is hereby authorized and directed to compel any 
person, firm or corporation to provide and use a grease trap as. 
aforesaid, whenever in his judgment the same is necessary. All 
grease traps to be of metallic construction, to prevent their de- 
struction, such as brass, copper or cast iron, enameled inside. 


Steam to be Sec. 435. No steam exhaust, blow-off or drip pipe shall con- 
excluded from 


a sewer nect directly with the house sewer drain, soil waste or vent pipe 
(except as herein provided). Steam shall be discharged into a 
blow-off or condensing tank, suffiiciently large to reduce, termin- 
ating before entering sewer, and trapped and vented as other 
fixtures, and where there is danger of back water from any 
sewer there must be placed on its outlet side a sewer or back. 


water valve. 


nd geeeS Sec. 436. The discharge of water-elevator must first enter 
10W con- 
nected. drum of equal size of elevator cylinder, so as to discharge to 


sewer, drain, soil or waste pipe without pressure, and trapped 
and vented as other fixtures, and where there is danger of back 
water from any sewer there must be placed on its outlet side a. 
sewer or back water valve. | 

All traps to be Sec. 437. All traps and bends to closets and other fixtures must 

oe be revented or back-aired (except as herein provided); yard 
closets and yard sinks will not require vent pipes, provided that. 
they are not more than seven feet off main line, and provided, 
however, that main line is extended to roof of main building; in 
all other cases yard closets and sinks must be vented, but two 
water closets and two sinks may be placed on one 4-inch sewer 


and vent, provided, however, that they are in the same yard and 


CITY ORDINANCES. 


415 


PLUMBING REGULATIONS. 


same owner. The term yard closet and sink means a water 
closet and sink not attached to the house, and that they will 
not be nor can there be any other fixtures added, and in the 
interior of the house a revent or back-air pipe will not be re- 
quired, provided, however, that the trap to fixture does not set 
more than eighteen (18) inches from center to center, off the 
vertical or horizontal line of drain, soil or waste pipe, and 
provided that there will not be any other fixture added, above or 
below or in horizontal line and the soil, or waste pipe is extended 
up and through roof. 

If sanitary T’s or Y’s, or other connections are used, then the 
side opening or other connection, trap or fixtures, must be re- 
vented, as it will be considered more than one fixture on line, as 


rule provides.' 


Sec. 438. Any person, firm or corporation violating this ordi- 
nance shall be guilty of a misdemeanor, and shall be fined not 
less than $2 nor more than $50 for each offense, and each day’s 


violation shall constitute a separate offense. 


Sec. 459. Yard sinks, if of cement, must have solid timber, two 
and one-half by twelve inches, and shall be at least two feet 
square, with broken stone or brick, thoroughly mixed with sand 


and cement, finished off smooth on top. 


Sec. 440. Catch basin or buggy washstand must be a heavy 
vitrified or stone pipe, at least two feet in diameter, with a 
heavy iron cover perforated with holes, properly trapped, and ali 
the connections must be of cast-iron pipe, and when there is 
danger from overflow or back water from public or private 
sewer, they must be provided with back water or sewer valve. 
In public or large stables, where necessary, there must be an- 


other basin built by the city, to be paid for by the owner or 


1 The words ‘‘eighteen inches’? in Section 437, also the second paragraph and 
Section 438, passed July 10, 1902. 


Traps—how 
vented. 


Violation 


Yard sink. 


Catch basin 
or buggy 
washstand. 


416 


CITY ORDINANCES. 


PLUMBING REGULATIONS. 


Supervision. 


Miscellane- 
Ous,. 


occupant, to prevent mud and sawdust from entering public 


sewer. (This second basin will be located by the Inspector). 


Sec. 441. All plumbing in progress of construction, alteration 
or repair shall be under the supervision of the Chief Plumbing 
Inspector, who shall be empowered to stop further work wien 
he shall decide that it is being done contrary to these rules: 

1. When lead or iron pipe that is necessarily connected with 
vitrified pipe or fitting, or when any pipe or fitting is connected 
that is not of an equal size, there must be a reducer or an in- 
creaser used to insure proper joining. 

2. No vitrified stone or iron water pipe will be allowed under 
any yard closet. 

3. Each main line of waste pipe must have a separate open- 
ing into main, soil or waste pipe. 

4. All lead waste pipe or other lead pipe, when necessary 
and practicable, must be flanged to wall or floor and wipe solder, 
so as to hold it permanently and solid in place. Lead waste pipe, 
when over two feet long, must always be tack-soldered to the pipe 
or in some other practical: way supported. 

5 All water closets (except yard closets) must have a 
sure flush tank that will flush not less than five gallons at each 
flushing. 

6. No cup or wipe cup joint will be allowed on the sewer side 
of the trap. 

7. Double hub or single hub sleeves and saddles are pro- 
hibited. ) 

8. Where waste pipe connects with a lead bend, the connection 
must be made with a wipe Y joint, and connections must not be 
made with the heel of bend. 

9. All T joints are prohibited in waste. 

10. When a six-inch line of sewer pipe is necessarily laid 
through property, it must continue through so as to have opeli- 


ing on lot it is intended for. 


] 


CITY ORDINANCES. 


417 


PLUMBING REGULATIONS. 


11. No water pipes will be allowed in any sewer ditch—must 
be benched well to one side of ditch. 

12. A hot air or chimney flue cannot be used as a vent, 
nor can a vent, soil or waste pipe be run into a hot air flue or 
chimney. 

13. In no case can any obstruction be put on any main line of 
sewer, soil or waste pipe; it must be free from connection at 
public sewer to its Peaainacion at roof. 

14. In all tenement or boarding-houses on each floor there 
must be at least two water closets, and slop sink for every fifteen 
persons, or for every four families, and when there is more than 
fifteen persons or four families, then there must be additional 
water closets put in for each family. 

15. All soil and waste pipes must be put on the inside of 
house if practicable, and all soil, waste or vent pipes that are 
necessarily run up on the outside must always come through the 
wall at least one story above ground floor, and never less than 
ten feet above the ground surface. 

16. Latrine or range closet will be allowed to be used only 
on permission of the Plumbing Inspector. 

17. Before testing all pipe must be set in place, all hangers 
put up and properly fastened, and when practicable all traps 
must be set in place. 

18. The temple vent or other fitting of like make are to be 
used for re-vent or back airing pipes. 

19. All old work as may be required by the Inspector must 
be tested. 

20. The Plumbing Inspector shall, if necessary, examine the 
premises before a permit is granted. 

21. A set of three parts (combined) laundry tubs will be con- 
sidered as one fixture, and can be so connected. 

22. Galvanized or rustless wrought-iron pipe can be used as 


re-vent or back-air pipe only. 


418 


CITY ORDINANCES. 


PLUMBING REGULATIONS. 


23. All exposed trap and accessible traps, except water closet 
traps, must have brass tan screw for cleaning trap. 

24. All sewer ditches must be straight, properly graded, with 
bell hole cut out. 


25. No water closet or other fixtures allowed in cellar or 


-basement where there is danger of overflow from the public 


sewer. 

26. It is prohibited to rest a cast-iron soil or waste pipe ona 
vitrified pipe or fitting, and yard closet must have at least two 
feet of cast-iron pipe at the foot of vent or soil pipe for rest. 

27. In all buildings when over one story high there must 
be opening left in soil and vent pipes on each additional floor 
for future use. 

28. All kitchen or other sinks must be placed in or near the 
kitchen, and not more than twenty-five feet from the, house. 

29. All water closets must have not less than twelve square 
feet of floor space. 

30. All lead pipe bend and traps must be drift out and made 
smooth and uniform in size. 

dl. Yard closets must have not less than ten feet of four-inch 
iron vent pipe. | 

32. In repairing and cleaning out of sewer it must be re- 
placed where broken or damaged with sound pipe and fittings, and 
inspected. j 

33. All traps must be well supported and set true with respect 
to their water seal. | 


34. No rain, storm, surface or sipe water allowed in private or 


public sewer, except by special permit. 


35. No rubber couplings will be allowed to connect with a vent 
or back air pipe. 

36. Overflow pipes must be connected at the inlet side of 
traps. 


37. No trap re-vent shall be used as a soil or waste pipe. 


CITY ORDINANCES. 


419 


PLUMBING REGULATIONS. 


38. All soil, waste and vent. pipes that run through roof must 
finish with hub at roof, and flashing must be done when prac- 
ticable by sheet lead or copper to hub of pipe, then inverted down 
into hub, then by adding the remainder of soil, waste or vent, 
and caulked as other joints; the sheet lead or copper must then 
be flashed down to roof, and soldered if practicable and made 
water-tight. 

39. All openings for fixtures must be taken from vertical soil 
pipe when practicable. 

40. Each and every connection with city sewer must have not 
less than a four-inch vent pipe. 

41. The term “house sewer” is applied to that part of the 
main sewer or sewer extending from a point four feet outside of 
the outer face of brick or stone walls, or sewer piping running 
through yard and connecting with city public sewer. 

42. The term “house drain” is applied to that part of the 
main cast-iron horizontal drain and its branches inside of the 
walls of the building and extending to and connecting with house 
sewers. 

43. The term “soil pipe” is applied to any vertical line of 
pipe extending through roof, receiving the discharge of one or 
more water closets, with or without other fixtures. 

44, The term “waste pipe’ is applied to any pipe extending 
through roof, receiving the discharge from any fixtures except 
water closets. 

45. The term “vent pipe’ is applied to any special pipe pro: 
vided to ventilate the system of piping and to prevent trap 


Syphonage and back pressure. 


Sec. 442. Ail water pipes situated in exposed places shall be 
protected from frost by stop or waste cock. Horizontal line otf 
lead or iron supply shall be properly supported and tacked 
throughout the entire length, and so arranged as to be easily and 


quickly drained, and not less than two feet below the ground 


Definition of 
terms. 


Rules govern- 
ing water sup- 
ply pipes. 


420 CITY ORDINANCES. 


PLUMBING REGULATIONS. 
surface. Vertical lines of lead supply pipe shall be supported by 
tacks; solder to the pipe and place not more than two feet apart; 


all joints in lead pipe shall be wipe joints. 


Weights of Sec. 443. Where hydrant is in yard, it must be set over yard 
lead supply 
pipe. slop sink. 


All lead supply pipes, under pressure from the street mains, 
shall not be less than the following weights: 
Strong— 

Three-eighths inch, 1% pounds per foot. 

One-half inch, 1% pounds per foot. 

Five-eighths inch, 244 pounds per foot. 

Three-quarters inch, 3 pounds per foot. 

One inch, 4 pounds per foot. 

One and one-quarter inch, 434 pounds per foot. 

One and one-half inch, 6 pounds per foot. 


Two inch, 8 pounds per foot. 


Or if extra strong— 

Three-eighths inch, 2 pounds per foot. 

One-half inch, 2144 pounds per foot. 

Five-eighths inch, 3 pounds per foot. 

Three-quarters inch, 3144 pounds per foot. 

One inch, 434 pounds per foot. 

One and one-quarter inch, 6 pounds per foot. 

One and one-half inch, 7144 pounds per foot. 

Two inch, 9 pounds per foot. 

ptap nd Sec. 444. When stop and waste are placed in the yard, or in 

cellar, or basement, below the surface of the ground, there must 
be an iron box provided, not less than six inches in the clear. 
The rod or key from stop and waste must be so arranged as to 
easily work to shut off and drain pipe, or if the “Kelly,” or any 
cther make of stop and waste are used, the appliance for the 


controlling of them must be so arranged as to be easily handled. 


CITY ORDINANCES. 


421 


PLUMBING REGULATIONS. 


This box, when necessary, must be set above ground at least 
three inches, where there is danger of it being covered from 


cause usual to any yard. 


See. 445. There shall be a stop and waste cock attached to 
every supply pipe at a point where it enters the building; or 
where plumbing is located in yard it shall be placed convenient 
to fixtures. 

Be it further ordained, That this ordinance shall take effect 


sixty (60) days from and after its final passage.' 


Sec. 446. It shall be the duty of every owner of any house or 
building of any character, having in or about same a water 
closet or urinal, to flush the same with water in one of the fol- 
lowing ways: 

First—By connecting said closet or urinal with the water pipes 
or water mains; or 

Second—By erecting, maintaining and using a water tank not 
Jess than ten feet above the said water closet or urinal, and said 


tank shall have a capacity of not less than 300 gallons. 


Sec. 447. Any owner of any building having such water closet 
“or urinal, and not having a water connection, or not provided 
with such water tank, and any tenant occupying any house or 
building and using any water closet or urinal upon said premises 
not connected or provided with water as aforesaid, shall be guilty 
of a misdemeanor, and shall be fined not less than $1 nor more 
than $50 for each and, every offense, and each day’s maintenance 
of such closet or urinal without such water connection or water 


tank shall be a separate offense.’ 


Sec. 448. That it shall be and is a misdemeanor for any 
plumber, paver or other person to open, remove or injure the 


cover of the stop-box containing the stop-cock of any water con- 


1 Sections 392 to 447 passed August 22, 1901, except as otherwise noted. 


Water closets 
to be 
flushed. 


Penalty for 
violation. 


Not to remove 
cover of stop- 
cock, etc. 


422 


CITY ORDINANCES. 


PLUMBING REGULATIONS. 


Not to waste 
water supply. 


Penalty for 
violation. 


Report from 
plumbers 
required. 


nection belonging to the City of Memphis, or to turn on or off 
the stop-cock contained in said stop-box without first obtaining 
the written permission of the General Superintendent of the 


Water Department of the City of Memphis. 


That it shall be a misdemeanor to wilfully, intentionally or 
maliciously waste or cause to be wasted the water supplied by the 


water system of the City of Memphis. 


Be it further ordained, That any plumber, paver or other person 
violating this ordinance shall be fined not less than $5 nor more 


than $50 for each offense.’ 


Sec. 449. All plumbers and other persons doing business in the 
City of Memphis, be and are hereby required to make written 
report to the Water Department within ten days after completion 
of work, all fixtures added or new work done on any premises 
in connection with the mains be service pipes of the water works 
system of the City of Memphis. 

Each plumber, plumbing establishment, or other persons vio- 
lating this ordinance shall be guilty of a misdemeanor, and shall 
be fined not less than $5 nor more than $50 for each offense, and 


each violation shall constitute a separate offense.* 


Sec. 449a. The laying of any sidewalk without giving to the 
water department at least thirty-six hours’ notice in advance of 
the beginning of the work, shall be a misdemeanor punishable 
with a fine of not less than $1 or more than $50 for each and 


every offense, the public welfare requiring it.’ 


2 Section 448 passed September 10, 1903. 
3 Section 449 passed February 9, 1905. 
1 Section 449a passed June 16, 1909. 


CITY ORDINANCES. 


423 


QUARANTINE LAWS. 


ARTICLE 23. 

QUARANTINE LAWS. 
See. 450. In addition to the powers conferred on the Board of 
Health, whenever it shall kecome necessary, in order to prevent 
the spread or prevalence of yellow fever, or any other dangerous, 
eontagious or infectious disease, it shall ke the duty of said Board 
of Health to recommend to the Mayor the establishment of a 
quarantine at such place or places as the Board of Public Works 


. may select. | 


Sec. 451. 


Mayor shall convene the Board of Public Works, who shall, if 


Immediately after such recommendation is made, the 


Quarantine 
recommend- 
ed—how. 


Duty of 
Mayor and 
Council. ’ 


deemed advisable, at once procure, by lease or purchase, suitable _ 


quarantine grounds and buildings; and the Legislative Council 
shall declare by resolution what boats and persons, and from 


what points, shall be subjected to quarantine regulations. 


Sec. 452: 


proclamation, setting forth the action of the Board of Health, 


Immediately thereafter, the Mayor shall publish his 


and that of the Board of Public Works, and requiring all persons 
and boats coming from any named infected points, cities or places, 
to be subjected to said quarantine regulations, under the penalty 


provided by this ordinance. 


Sec. 453. No boat subject to quarantine, as above stated, shall 
ke permitted to land at, or in the city, or at any point within the 
distance to be specified in the Mayor’s proclamation, except at 
the quarantine grounds established as aforesaid: nor shall any 


Passenger or any freight be landed except as herein directed. 


Sec. 454. The quarantine grounds, buildings and hospital shall 
be under the control of some one or more physicians, selected 
by the Mayor and the Board of Health, and of such other assist- 


ants as the same may appoint. 


Sec. 455. Boats from infected places, and subject to quarantine 


as above, shall first land at said quarantine grounds, and shall 


Proclama- 
tion of 
Mayor. 


Boats, passen- 
gers and 
treight to be 
landed only 
in pursuance 
of quarantine 
regulations. 


Control of 
quarantine 
grounds, 


Examination 
of boats from 
infected 
places. 


424 CITY ORDINANCES. 


QUARANTINE LAWS. 


undergo inspection and examination by a physician appointed for 
that purpose; and if found to be in a healthy condition, and free 
from disease, shall receive a certificate to that effect from the 
inspecting physician, and be then permitted to land at the city 
wharf. In no case shall boats receive said permission to land at 
the city wharf until all danger of contagion or infection shall 
have passed. For each inspection and certificate, each boat shall 


pay the sum of $10. 


Charges for Sec. 456. The officers of boats may put off and land any sick 

persons landed 

at quarantine. person at said quarantine hospital, upon the payment by said 
officers of ten dollars for each one so landed; and said sick person 
shall be received and nursed in said hospital, and shall pay the 


sum of two and one-half dollars ($2.50) per day for such care and 


attention. 

eee Sec. 457. If any boat shall be so infected as to require it, the 
inspecting physician shall have power to cause any freight on 
said boat intended for the city to be first landed at the quarantine, 
to be there kept by such assistants and police as shall be ap- 
pointed until all danger of infection or contagion shall have 
ceased. For landing, inspecting and keeping said freight, no 
charge shall be made; but when reshipped or removed to its 

Compensa- destination, it shall be at the expense of the owner. The phy- 

ee noose cm sicians in attendance at quarantine grounds shall receive each 


a salary, to be fixed by the Legislative Council; and all fees for 
inspection and for other services, except attendance on the sick, 


shall be paid to the Trustee. 


Sec. 458. The Mayor shall have power, and it shall be his 
duty, upon the recommendation of the Board of Health, to re- 
move to the quarantine grounds or hospital, any and all boats 
lying at the city wharf, or to some point not within five miles 


of the city. 


CITY ORDINANCES. 


425 


QUARANTINE LAWS. 


Sec. 459. While quarantine regulations are enforced, no dead 
body, nor any sick person shall be put off from any boat in the 
city, or at any point within five miles thereof, except at the 
quarantine grounds or hospital, without the permission of the 
Mayor and some one member of the Board of Health, under a 
penalty of $50 for each offense; and for each and all other viola- 
tions of this article a fine shall be imposed of not more than $50,- 
to be recovered by seizure of the boat, arrest of persons, or by 


conviction before the Mayor, as in other cases of misdemeanor. 


Sec. 460. That there shall be established a quarantine station 
on the Mississippi River, at such point as may be found most 
convenient for the purpose, not more than ten (10) miles south 
of the city, and nearer, if possible; and for that purpose the 
Mayor and the President of the Board of Health, and the En- 
gineer, are hereby empowered to select and lease or purchase, in 
accordance with the provisions of the act establishing this city, 
not more than ten acres of land, and to contract for and have 
erected suitable buildings, with necessary furniture, etc., for the 
purpose of a quarantine station; the whole not to exceed five 


thousand dollars in cost. 


Sec. 461. When said grounds are purchased and the buildings 
are erected and furnished, they shall be under the direction and 
control of the Bcard of Health, and whenever the said Board of 
Health may te satisfied that yellow fever or other contagious or 
infectious diseases are prevailing at any point, and likely to 
Spread or disseminate in the city, they shall so inform the 
Mayor, giving the names of places and of the diseases requiring 
the establishment of quarantine regulations, and thereupon it 
shall be the duty of the Mayor to immediately issue his proclama- 
tion establishing a quarantine of all boats or persons and freight 


coming from the infected localities. 


No dead body 
or sick person 
to be landed 
within 5 miles 
of city. 


Penalty. 


Quarantine 
station. 


How 
controlled. 


426 


— 


CITY ORDINANCES. 


QUARANTINE LAWS. 


Physician to 
be placed at 
quarantine 
station. 


What permits 


to be granted 


Sec. 462. Whenever, by direction of the Board of Health and 
the proclamation of the Mayor, a quarantine of all poats, pas- 
sengers and freight from infected districts is declared, it shall 
be the duty of the Board of Health to immediately place a compe- 
tent physician or medical officer at the quarantine station to ex- 
amine all boats, their passengers or cargoes, and to decide ac- 
cording to the rules and instructions of the said Board of Health 
whether or not such boats, passengers or cargoes shall be per- 
mitted to come to the city; and if not so permitted to come to 
the city, such passengers as are to be detained shall be provided 
with quarters at the quarantine station until such time as they 
are permitted to come into the city; but may be charged for 
board and medical attention by the city for the time they are 


to be detained at the station. 


Sec. 463. It shall be the duty of the physician in charge of 


by quarantine the quarantine station to grant permits to persons who have 


physician. 


Penalty for 
violation of 
quarantine 

regulations, 


been detained at the quarantine station to come into the city as 
soon as the public safety will permit, and in no case shall persons 
who are not actually sick be detained longer than ten days. And 
cargoes of freight which may be unloaded or detained at quar- 
antine shall be disinfected and forwarded as soon as possible. 
And whenever it may be considered necessary to do so, permits 
may be granted to nroarataaie to pass up the river without land- 


ing or’communicating with the city in any way. 


See. 464. Any officer, employe, or other person on any steam- 
roat that may be subject to quarantine, under the provisions of 
this article, who shall refuse to obey the order of the quarantine 
physician, or who shall evade in any way the orders or regula- 
tions of the Board of Health in relation to quarantine regula- 
tions, shall be guilty of a misdemeanor, and shall be arrested 
and brought before the Mayor, and, upon conviction, shall be 


fined not more than $50 for each offense; and any steamboat 


CITY ORDINANCES. 


427 


QUARANTINE LAWS. 


passing the quarantine station, without landing for inspection, 
or that comes to the city without a permit from the quarantine 
physician in charge of the station, during the existence of such 
quarantine, shall ke deemed guilty of resisting an officer and 
violating this article, and the captain, mate, engineers, pilots 
and clerks shall be deemed guilty, and shall be arrested, and 
unless they can show by competent proof that they were not 
guilty of either aiding or abetting in such violation of this 
article, by assisting in the navigation of such boat, they shall 
be fined not more than $50 each, for each offense, to be collected 


as other fines. 


Sec. 465. It shall be the duty of the Chief of Police, when 
requested by the Board of Health to do so, to detail one or more 
policemen for duty at the quarantine station, and also to see 
that all boats landing at the wharf during the existence of any 
quarantine, have the proper permits, and that all persons vio- 
lating any of the provisions of this article are promptly ar- 
rested; provided, that all the above sections shall apply to all 
railroads and other avenues of ingress and egress to and from 
this city. Quarantine regulations shall cease to be enforced on 


the recommendation of the Board of Health. 


Sec. 466. Hereafter no steamboat, barge, tug or towboat or 
other watercraft coming from any point south of Memphis shall 
be allowed to enter or land at this port, without having a clean 
bill of health or inspection certificate, issued or countersigned by 
an inspecting officer of the National Board of Health, stationed 
at Station No. 2, President’s Island, showing that such water- 
craft, its outfit, furniture, etc., and its passengers and crew are in 
such condition of health and freedom from contagious and in- 
fectious diseases, as to make it safe for such craft to enter and 


land at this port.’ 


1 Secticns 4€6 and 467 passed May 27, 1889. 


Chief of 
Police t 
sist in 
taining 
antine. 


oO as- 
main- 
quar- 


Boats from 
points south 
of Memphis 
shall have 


health 
cates. 


certifl- 


428 CITY ORDINANCES. 


CITY HOSPITAL. 


eee Sec. 467. Any captain, owner, employe, or other persons or 

pre scab officers in charge of such boat, barge, or other watercraft, who 
shall violate this ordinance shall be arrested, and, upon conviction 
before the Mayor, be fined not less than $1 nor more than $50 
for each and every offense, and such boat or other watercraft 
shall at once, upon landing or entering at this port in violation 
of this ordinance, be removed beyond the limits of this port. 

ARTICLE 24. 
HOSPITAL. 
Hospital es- Sec. 468. There shall be established a City Hospital for the 


tablished un- 
der control of relief of such patients as are excluded, by law, from admission 


3 trustees. 
in the State Hospital and County Poorhouse. Said hospital shall 
be placed under the direction of a Board of Trustees, to be ap- 
pointed by the Legislative Council, and to consist of three mem- 
bers. Said Trustees shall have power to make all needful rules. 
for the government of the hospital, and it shall be their duty to 
visit the hospital and to hold stated meetings, to receive reports. 


and to make such reports as they may deem necessary to the 


Legislative Council. 


Admission to Sec. 469. Permits of admission to the hospital may be granted 
ae either by the Mayor or the Chief of Police; provided, that when 
patients are admitted by the Chief of Police, or the Mayor, they 
will at once report the names of such patients and their con- 


dition to the Board of Health. 


Eee Sec. 470. There is hereby established the office of Superin- 
ent o ity 

fates: (eins tendent of the City Hospital, the incumbent of which shall be 
Peet appointed annually by the Legislative Council, upon the nomina- 


tion of the Mayor. He shall receive a salary of $100 per month. 
Such Superintendent shall ke a man of good business capazity, 


and he shall not be a practicing physician. It shall be his duty 


1 Sections 466 and 467 passed May 27, 1880. 


CITY ORDINANCES. 


429 


CIty HOSPITAL. 


to give his entire time and attention to the duties of his office. 
It shall be his duty to employ nurses and servants, purchase all 
provisions and materials necessary for the hospital, and to keep 
aceurate account of all purchases and disbursements made, and 
report same monthly to the Council. He shall have charge of all 
the employes and property in and about said hospital, but he 
shall at all times be subject to the direction and control of the 
Board of Trustees of the Hospital. It shall be his duty to faith- 
fully carry out, or cause to be carried out, the treatment of 
patients as directed by the Medical Staff hereinafter provided 
for. He shall collect all moneys due from pay patients, and turn 
same over to the County Trustee every month, and shall make 
monthly report of all collections to the Legislative Council. He 
shall also make full reports of all admissions to the hospital, 
of all deaths, and all convalescents. He shall keep in his office 
at the Hospital a record of each patient admitted, setting forth 
his or her place of residence, nationality, sex, disease, and such 
other facts and circumstances as the Medical Staff shall direct. 
Before entering upon his duties he shall give a bond in the 


penalty of $5,000 to secure the faithful performance of his duties. 


Sec. 471. There shall be elected by the Legislative Council of 
the City of Memphis, the members of the Medical Staff of the 
City Hospital of that city, to serve for a period of four years; 


the election to be held every four years. 


1. Said staff shall consist of eight (8) physicians, eight (8) 
surgeons, four (4) obstetricians, four (4) gynecologists, four (4) 
oculists, four (4) pathologists, four (4) neurologists, four (4) 
iaryngologists, four (4) dermatologists—all to serve without 


compensation. 


2. The first election shall take place at the next meeting of the 
Legislative Council after the passage of this ordinance, and there- 


after every four (4) years. 


Medical staff 
of City Hos- 
pital—how 
elected—of 
whom com- 


posed, 


ete. 


430 


CITY ORDINANCES. 


CITY HOSPITAL. 


Clinical 
material. 


How wards 
assigned. 


Control. 


Organization 
of staff. 


3. One-half of said Medical Staff, that is, four (4) physicians, 
four (4) surgeons, two (2) obstetricians, two (2) gynecologists, 
two (2) oculists, two:(2) pathologists, two (2) neurologists, two 
(2) laryngologists, two (2) dermatologists, shall at each election 
be selected from the faculties and assistants to the college facul- 
ties—one-fourth (14) from the Memphis Hospital Medical College 
and one-fourth (14) from the College of Physicians and Surgeons, 
upon official recommendation of each from their respective facul- 
ties; both colleges to have equal representation in each depart- 
ment, to serve during the months of October, November, Decem- 
ber, January, February and March of each year; the other half 
to be selected from members of the Memphis and Shelby County 
Medical Society, who shall serve the other six months of the 
year. 

4. The clinical material during the months of October to 
March, inclusive, shall be shared by the representatives of the 


faculties of the two colleges as follows: 


5. The wards eloiened to the colored patients be given to the 
Memphis Hospital Medical College during the months of No- 
vember, January and March; and those assigned to the white 
patients to the College of Physicians and Surgeons for said three 
months; the Memphis Hospital Medical College to have wards 
assigned to white patients in months of October, December and 
February; the College of Physicians and Surgeons to have colored 


patients in October, December and February. 


6. Said medical staff shall have general control of the medical 
department of said hospital, attend all non-paying patients and 
perform all operations on same at said hospital. The President 
of the Board of Health shall be ex-officio a member of the 
Medical Staff, but, if he desires it, shall be excused from active 


service at the hospital. 


7. The members of the Medical Staff shall organize by the 


election of a President and Secretary and shall establish all 


CITY ORDINANCES. 


431 


CITY HOSPITAL. 


necessary ruies and regulations for the treatment of patients and 
control of the medical and sanitary department of the hospital, 
subject to the approval of the Board of Trustees. 

8. During the month of March of each year a competitive 
examination shall be held by the staff of the hospital for the 
selection of internes, not to exread four (4) in number and after 
the competitive examination, which shall be held by a committee 
composed of two members of the faculty of each college and one 
member selected by these four from the members of the hospital 
staff, not connected with any college, they shall select as the 
internes students from the Memphis medical colleges. those hav- 
ing attained the highest mark among those standing the examina- 
tion, and in case these fail to serve, a selection shall be made 
of those having attained the next highest mark. The hospital 
shall furnish room and board for these internes. 

The, Legislative Council shall. have power to remove any of 
‘the members of said staff for neglect of duty or other cause the 
Council may see fit, and the vacancies for the unexpired terms 
shall te filled by the Legislative Council from the respective 


body from which said member was selected. 


Sec. 412. Any patient of said hospital who is injured through 
malpractice, eke of skill or unprofessional conduct of any one of 
the hospital physicians, may recover damages from such phy- 
sician, who shall be personally liable for damages by reason of 


such malpractice, lack of skill or unprofessional conduct. 


Sec. 473. The faculty of the Memphis Hospital Medical Col- 
lege and the faculty of the College of Physicians and Surgeons, 
while in operation in the City of: Memphis, shall be authorized 
and empowered to give clinical instructions in the City Hospital 
and the amphitheater shall, for the purpose of clinical teaching, 
be assigned to the Memphis Hospital Medical College faculty on 
Tuesday, Thursday and Friday of each week and to the College 


Selection of 
internes. 


Council may 
remove mem- 
bers. 


Physician lia- 
ble for mal- 
practice, 


Faculty of 
colleges to 
give clinical 


_instructions, 


432 


CITY ORDINANCES. 


CITY HOSPITAL. 


Vacancies— 
how filled. 


Privileges 
subject to will 
and pleasure 
of Council. 


Board 
internes. 


Remove mem- 
bers of staff. 


Head nurse 
and subordi- 
nate nurses. 


of Physicians and Surgeons faculty on Monday, Wednesday and 


Saturday of each week during their terms of session. 


Sec. 474. The faculty of the Mempiis Hospital Medical Col- 
lege and the faculty of the College of Physicians and Surgeons 
and the faculty of any other duly incorporated and authorized 
medical college hereafter established and in operation in the 
City of Memphis snall be and are hereby empowered to give clini- 
cal instructions in the City Hospital until such authority is re- 


voked by the Council. 


Sec. 475. In the event that either or any of the above ap- 
pointees of the medical colleges herein named should resign, die 
or change from one of the above named colleges to the other, or 
should sever his connection with either of said colleges, then his 
position shall become vacant and shall be filled by the Legis!a- 
tive Council upon the recommendation of the faculty to which he 


belonged. 


Sec. 476. This ordinance is not to be construed as giving any 
of the said parties a vested right in the privileges herein ex- 
tended, but the same is to be enjoyed by them at the will and 


pleasure of the Legislative Council.’ 


Sec. 477. The Hospital Superintendent shall furnish board to 
said internes when on duty, and also rooms. The Legislative 
Council shall have the power to remove any of the members of 
said staff for neglect of duty or other cause the Council may 
see fit, and the vacancies shall be filled by the Legislative 


Council. 


Sec. 478. The head nurse shall be in charge of all subordinate 
nurses, subject to the control of the Superintendent; and the 
head nurse shall be responsible to said Superintendent for the 


conduct of subordinate nurses. The internes also shall be under 


1 Sections 471 to 476, inclusive, passed October 9, 1906. 


CITY ORDINANCES. 433 


WORKHOUSE. 
the charge and control of the Superintendent. In case of any 
dereliction of duty, misbehavior or misconduct on the part of 
said head nurse, subordinate nurses or internes, charges shall 
be preferred against them before the Board of Trustees of the 
hospital, which board shall have power to retain, suspend or dis- 
miss the nurse or nurses, interne or internes so accused, and the 
action of said Board of Trustees upon said charges shall be 


final. 


Sec. 479. It shall be the duty of the Engineer of the City Hos- Engineers’ 
duties. 
pital to keep the machinery, plumbing, lighting and heating ap- 
paratus in repair, and all expenditures to be made under the 


supervision of the Board of Trustees.’ 


ARTICLE 25. 
WORKHOUSE. 
Sec. 480. There may be a Workhouse established at some point 
within the limits of the city, whose inmates shall be under the 
control of a keeper, who shall be responsible for the safe keeping 


of all convicts. 


Sec. 481. Persons committed by the Police Court shall be con- Gustody of 


‘ . persons com- 
fined, when not at work, in the city prison, and shall, while so mitted by 


Police Cous. 
confined, be under the guard and safe keeping of the keeper of 
said prison; the food to be furnished as provided by order of the 


Legislative Council. 


Sec. 482. The Workhouse convicts, when not confined in the oc 


how em- 


‘city prison, shall be under the management of a superintendent, ployed. 


who shall work the same under the direction of the City Engineer, 


upon the streets, alleys, etc., of the city. 


1 Sections 478 and 479 passed January 9, 1908. (See Book ‘‘B’’ Board of 
Public Works, page 30, January 24, 1908.) Remainder of ordinance passed Feb- 
muary 16, 1899, except as noted. 


434 


CITY ORDINANCES. 


STREETS AND 


Who shall be 
committed to 
workhouse. 


Labor for 
convicts. 


Allowance 
made to con- 
victs. 


Streets, al- 
leys, ete., to 
be paved as 
directed by 
Mayor and 
Council. 


Contracts for 
paving—how 

advertised for 
and let. 


SIDEWALKS. 


Sec. 483. Hereafter, when any person may be tried and con- 
victed of a violation of any city ordinance, or for the commis- 
sion of any misdemeanor, and said person shall fail or refuse to 
gay the fine imposed, such person shall be committed to the 
Workhouse or city prison, and disposed of as provided by this. 


article. 


Sec. 484. Such person so committed as aforesaid shall be put 
to work at such labor. as his health and strength will permit, 
either in or out of the Workhouse or prison; provided, that 
females shall be confined or kept at work only within the walls 
of the Workhouse or city prison, and shall be kept entirely sep- 


arate and apart from the male prisoners. 


Sec. 485. Hach convict or prisoner shall be allowed 25 cents’ 
per day (exclusive of their board) each day that he or she may 
work, to go to the payment of the fine and cost imposed on him 
or her by the Police Court; provided, that if any convict shall 
attempt to escape, or shall assault the overseer, he shall, upon 
conviction thereof, be condemned to serve and labor for an ad- 


citional time, equal to that for which he was first committed.’ 


ARTICLE 26. 
STREETS AND SIDEWALKS. 
Sec. 486. Such streets, alleys, or avenues, or parts thereof, as 
the Mayor and Legislative Council may designate by resolution. 
shall be paved in such manner and with such material as the 


Legislative Council may prescribe. 


See. 487. Immediately after the passage of any resolution ~ 
directing any street, or part thereof, to be paved, the Board of 
Fire and Police Commissioners shall advertise in the city journal, 


for the space of thirty days, or for such time as they may direct, 


1 By ordinance passed September 27, 1905, prisoner credited with 40 cents 
per day. See supra, Section 776. The remainder of this article is as amended 
by ordinance passed June 3, 1880. 


CITY ORDINANCES. 


435 


STREETS AND SIDEWALKS. 


for bids for the execution of said work, in accordance with the 
resolution, and no bid shall be received after the expiration of 
the specified time for the reception of bids; and all bids made 
during that time shall be filed in the office of the Mayor, and 
shall be delivered, unopened, to the Mayor, to be laid before the 
Board of Public Works, and the Board of Fire and Police Com- 
missioners may contract with the lowest responsible bidder for 
the grading, paving and curbing of said street, and such contrasi, 
shall be executed according to the law establishing this city, 
‘and filed in the office of the Mayor; provided, however, that in no 
instance shall the contract ke let to any one who cannot furnish 
satisfactory security for the faithful performance of his contract; 
and provided further, that the Board of Public Works reserves 
the right to reject all bids, and advertise anew, or let the work 
be done by the government itself, under its direction and that of 


the Engineer. 


Sec. 488. Hereafter, when the Memphis Gaslight Company, or 
their agents, or the Memphis Water Company, or their agents, or 
any other person, shall excavate any portion of the streets or 
alleys within the limits of the city, for any purpose, it shall be 
incumbent upon them to puddle with water the earth, in refilling, 
and ram the same in such manner as to prevent any subsequent 
settling. It shall also be the duty of said companies, or their 
agents, or any other person, to notify, in writing, the Engineer 
whenever any excavation or filling is to be done; and any viola: 
tion of the provisions of this section shall subject said companies, 
or their agents, or any other person, to a fine of not less than 


$5 nor more than $50 for each and every offense. 


Sec. 489. The modes of proceeding to cause the grading, pav- 
ing, filling, and construction or repairing of sidewalks, or of pave- 
ments, shall be as follows: The Legislative Council will, by reso- 


lution or order, designate the particular sidewalks, and parts of 


Refilling of 
excavations 
in streets. 


Regulations 
for grading, 
paving, filling 
and construc- 
tion of 
streets, al- 
leys, ete. 


436 


CITY ORDINANCES. 


STREETS AND SIDEWALKS. 


Stone 
sidewalks. 


sidewalks, on which the owners and claimants of lots are required 
to construct,' pave or repair the sidewalks or pavements, etc., in 
front thereof, and the width of pavement and material of which 
the same is to be made. [Hereafter all sidewalks, whether of 
stone, brick, granolith or other designated material, shall be 
laid so as to cover the whole of that part of the street laid off: 
for the sidewalk, unless a less portion thereof shall be designated. 
and allowed by the Legislative Council; if less than the whole: 
of the sidewalk space, which in no case shall be less than eight. 
feet, be designated, as the part to be laid with the sidewalk, the: 
lines of such less portion shall be laid off by the City Engineer,,. 
and the sidewalk laid within such lines, and no sidewalk shall 
hereafter be taken as properly laid until the same shall have been. 
accepted by the City Engineer.]*. As soon after the adoption of. 
such resolution or order as practicable, the Mayor shall prepare: 
a copy of such resolution or order from the minutes of the pro-- 
ceedings of the Legislative Council, which shall be attested by 
the Mayor, and transmitted to the Chief of Police, who shall — 
forthwith cause personal notice to be given in writing to such 
owners, claimants, occupants, or agents of owners, claimants or 
occupants, in front of whose lots pavements or sidewalks have: 
been so ordered, to pave the same in thirty days, preserving in his. 
office a duplicate of such notice. [And whenever the owners of. 
more than 50 per cent of the street frontage in any block shall. 
desire that a particular kind of pavement be laid on the sidewalk 
of that block, the Council, may, by resolution, adopt such pave- 
ment for that block, and enforce the uniform laying thereof, over 


the sidewalk of that block. ]* 


Sec. 490. That where stone sidewalks are laid, in lieu of gran-- 


olith, no stone of less thickness than four (4) inches shall be- 


1 By ordinance passed August 20, 1881, ‘‘grade, fill’’ stricken out. 
2 In brackets passed July 238, 1891. 
3 In brackets passed December 7, 1895. 


CITY ORDINANCES. 


437 


STREETS AND SIDEWALKS. 


used, and no stone of less width than three (3) feet shall be 
used; and in length they shall cover the full width of the side- 


walk, except when areas for cellars are required and.in use.* 


Sec. 491. Granolith sidewalks, when laid within the limits of 
said city, shall, in respect to the laying of the same, and the 
composition of the materials used therein, be laid under the 
specifications following, to-wit:° 

First—Excavate or grade walks to the depth of nine and one- 
quarter (9144) inches below the top of the surface of intended 
pavement, and in exact conformity to the grade-pegs set by the 
Engineer. Any and all fillings required to bring the sub-grade 
to the proper level of the base course shall be made in thin layers, 
and each layer thoroughly rammed over until it has been made 
compact and solid. 

Second—Upon this graded surface (to serve as a Sub-drain for 
water, frost, etc.,) shall be evenly spread four (4) inches of fine 
broken stone, or clean broken brick, broken to pass a two-inch 
ring on its greatest diameter, and it must be free from all dirt 
and stone dirt. This shall be thoroughly rammed to an even 
surface to receive the concrete course. 

Third—On this base is to be laid a course of four (4) inches 
of hydraulic cement, concrete composed of the best brand of 
Portland, Alsen, German cement, Alsen’s star (Stettin), Brooks, 
Shoebridge, Dykerhoff, or Hanover brands, which shall be well 
tested before using, and known to be fresh, mixed with clean, 
sharp, coarse river sand, which shall be well washed, and finely 
broken stone free from dirt and dust. 

The cement is to be thoroughly mixed dry, one part to two 
parts of sand, and to this shall be added the broken stone in such 


quantities as may be required, the sand and cement to be suffi- 


4 Section 490 passed November 10, 1892. 
5 Section 491 passed October 6, 1892. 


Specifications 
for granolith 
sidewalks. 


438 


CITY ORDINANCES. 


STREETS AND SIDEWALKS. 


cient to fill all the voids in the broken stone, and at least ten 


per cent. surplus. 


This concrete to be thoroughly mixed, dry, then dampened to 
e degree that will admit of the most thorough tamping and com- 
pacting with iron tampers. 

The surface of this layer to be troweled over and made even 


and level, with no grains of sand or gravel lying loose upon the 


surface. 


Fourth—The third or wearing course, coming on the concrete, 
is to be one and one fourth (1144) inches thick, composed of hard, 
clean, syenite granite, ground or crushed, to pass through a half 
or three-fourth inch mesh, and must be clean and free from dust 


or flaw, or other foreign substances. 


This shall be mixed with one part of the best fresh Portland 
cement, or any of the brands previously enumerated, and three 
parts of granite (mixed dry), and then moistened sufficiently to 


be worked into a homogeneous mass, and then applied as follows: 


Evenly spread on the concrete course, with trowel and straight 
edge, and thoroughly press on to the concrete, so as to make a 
perfect adhesion of the two layers; the thickness, when com- 
pressed and floated over, shall not be less than one and one- 
quarter (1144) inches. 

Fifth—A dust or finishing coat of cement is to be sifted care- 
fully and evenly on the wet surface, after which it shall be floated 


down to a level, smooth and uniform surface. 


When finished the total depth of all material, thoroughly con- 


solidated, shall not be less than nine inches. 


The cementing must be done in an expeditious manner, in order 


to prevent undue settling of the parts, and the finished surface 


must be thoroughly protected from the sun and weather by 
spreading over it a covering of one or more inches of clean sand 


and covering of boards, which must be kept in place for ten days, 


CITY ORDINANCES. 


439 


STREETS AND SIDEWALKS. 


or until the cement has become hard set, after which the boards 
shall be removed and the pavement thoroughly cleaned. 
Sixth—The sidewalks shall be laid as nearly as practicable in 
uniform lengths, and sha!l be cut for expansion in joints as 
directed by the Engineer. 
The pavement shall ke evenly and perfectly joined at the 
curb lines, and shall be so laid as to secure the best possible 


drainage. 


Sec. 492. That all sidewalks laid hereafter on streets having a 
stone, concrete or granite curb sha] be constructed of the ma- 
terials and in the manner designated in the foregoing Sections 
490 and 491, and on the grade lines and of such width as the City 


Engineer may direct.' 


Sec. 493. That sidewalks on streets where stone or concrete 
curbs have keen laid which are relaid or need repairing shall be 
laid with granolith to such lines and grades as the City Engineer 


may direct and according to his specifications.” 


Sec. 494. That the laying of such pavements and the material 
and component parts thereof shall be under the inspection and 
subject to the acceptance of the City Engineer, and no such pave- 
ment shall be taken to have been laid in compliance to the ordi- 
nances of the city until the same shall have been inspected ani 


accepted by the City Engineer. 


See. 495. That a violation or failure to conform to this ordi- 
nance shall be a misdemeanor, subjecting the offender upon cori- 


viction to a fine of not less than $1 nor more than $59. 


See. 496. The Engineer shall furnish to all parties so ordered 
er required to* construct, pave or repair sidewalks or pavements, 


on application, the proper grades for the same. 


1 Section 492 passed April 20, 1903, also May 4, 1905 (Book F, page 474). 
2 Section 493 passed April 6, 1906. 
3 “Grade, fill,’’ stricken out by ordinance of August. 20, 1881. 


Sidewalks to 
be laid with 
granolith. 


Pavements 
subject to 
approval oi 
Engineer. 


Penalty for 


violation. 


Grades to be 
furnished by 
Engineer. 


-440 CITY ORDINANCES. 
STREETS AND SIDEWALKS. 


Minors, non- Sec. 497. In case of minors, non-residents and owners of prop- 
residents and 


pit: who erty who cannot be found, and in case of all other persons who 
bee have been served with notice under existing laws to lay down 
sidewalks and who have failed to comply with the ordinance of 
the city requiring the owners of property to lay down sidewalks, 
the Engineer shall have the sidewalk laid down and report the 
cost thereof to the Mayor, who shall make out an account against 
the owners of the ground and deliver the same to the City At- 
torney; and it is hereby made the duty of the City Attorney to 


take all necessary means to collect the same.‘ 


Sec. 498. In case of non-residents and owners of property who 
cannot be found, before work is done it shall be the duty of the 
Mayor to advertise in some paper published in the City of Mem- 
phis once a week for three weeks, notifying such persons that the 
city will proceed to lay said sidewalk and seek to recover the 
cost thereof by a proceeding against the property, which claim 
of the city shall be and constitute a lien upon the property in 


front of which the sidewalk is laid.* 


Sec. 499. That this ordinance shall not be construed to repeal 
any ordinance now in force by which other remedies are provided 


to compel the laying of sidewalks in the city.* 


Provisions to Sec, 500. If at the end of thirty days after notice, pavements 
enforce laying 


of sidewalks. or sidewalks have not been® constructed, or if not repaired in ten 


days, as provided by ordinance, as per order of the Legislative 
Council, hereinbefore mentioned, it shall be the duty of the 
police, under directions of the Chief of Police, to summon the 
carties before the Police Court, and, if, upon trial, they be found 
guilty, they shall be fined, and forfeit and pay to the city $1 
per foot of their lot or lots so ordered to be paved, etc., provided, 


that said fine shall in no case exceed $50 as to any one lot in 


4 Sections 497, 498 and 499 passed December 20, 1906. 
3 “Grade, fill,” stricken out by ordinance of August 20, 1881. 


CITY ORDINANCES. 


44) 


STREETS AND 
front of which pavements or sidewalks have been so ordered to 
be constructed or repaired, and said fine shall be inflicted for 
every day after thirty days’ notice he or she permits the same to 
remain undone, unfinished or improperly finished. 

Before the city can compel the property owners on any street 
to lay down brick sidewalks, said city shall be required to set’ the 


curbing in front of the property where sidewalks are ordered to 
be laid. 


Sec. 501. No person will hereafter be permitted to cut or fill 
the streets of the city, or take up the pavements thereon, with- 
out first having obtained a written permit from the Engineer, and 
when the streets have been cut for the purpose of laying water, 
gas or sewer pipes, or for other purposes, the parties doing the 
same shall puddle and ram the back filling, (so as to prevent the 
settling of the street at the place cut) to the satisfaction of the 


Engineer, whose duty it shall be to inspect the same after it is 


done. 


Sec. 502. When the Nicholson or other pavement is taken up, 
the party or parties doing the same will be required to replace 
it in a careful and substantial manner, as follows: The boards, 
blocks and pickets shall be carefully laid as nearly as possible in 
their original positions, on a bed of not less than three inches of 
sand; the spaces between the blocks will then be filled with fine 
gravel and rammed, when the whole will be freely sprinkled with 
paving cement or coal-tar, boiled down to nearly the same con- 
sistency, and covered with a good top dressing of sand and gravel, 


not less than one inch thick. 


Sec. 503. Stone or gravel pavements taken up, shall be restored 
with similar workmanship and material to that existing in the 


pavements before they were torn up. 


- 


5 ‘‘Lay the gutter and’’ stricken out by ordinance of June 29, 1893, 


SIDEWALKS. 


Curbing to be- 
set before 
brick side- 
walks re- 
quired. 


Streets not 

to be excavat- 
ed without 
permit. 


Replacing of 
pavement. 


442 


CITY ORDINANCES. 


STREET CROSSINGS. 


Where made. 


Precedence 
for foot 
passengers. 


Vehicles to 
give prece- 
dence to. 


Passengers on 
Main street 
shall drive on 
- right. 


Penalty for 
violation. 


See. 504. In all cases where the surface of the street is dis- 
turbed, whether paved or unpaved, the parties so cutting or dis- 
turbing the streeets shall leave them in as good condition as 


before they were disturbed. 


ARTICLE 27. 
STREET CROSSINGS. 
Sec. 505. Regular street crossings for persons on foot shall 
be at points from one corner of a street or alley directly at 
right angles with the street or alley, and this whether any 


footway is specially placed along said line or not.’ 


Sec. 506. Foot passengers, when crossing streets or alleys at 
points marked out by ordinance as regular crossings, shall have 


precedence or right of way over all vehicles. 


See. 506a. Every driver of a carriage, hack, buggy, dray, 
wagon, cart or other vehicie, or a person on horsekack, is forbid- 
den to drive or ride at such a gait near to a person on foot, who is 
moving along a Jawful crossing, so as to render the life or limb 


of the person on foot in danger.° 


Sec. 507. All persons going south on Main street in the City 


of Memphis, whether in vehicles or on horseback, shall use the 


west half of the street, and those going north shall use the east 


half of the street, and all persons shall pass to the right of 
persons going in an opposite direction; provided, this ordinance 


shall have no application to the Fire Department.’ 


Sec. 508. A failure or refusal to comply with the require- 
ments of this and the preceding articles shall be regarded as a 
misdemeanor, and will be punished by a fine of not less than $1 


nor more than $50. 


1 For railroad crossings see Section 673, post, passed August 6, 1891. 
2 Section 507 passed August 6, 1891. 


6 aes 


CITY ORDINANCES. 


443, 


PHYSICIANS, RIGHT OF WAY—CONDEMNATION OF PRIVATE PROPERTY-~ 


ARTICLE 28. 
RIGHT OF WAY GIVEN PHYSICIANS. 

Sec. 509. That all such persons who practice for the cure of 
the sick and the injured under the authority of the Tennessee 
State Board of Medical Examiners, and all such vehicles which 
are used exclusively for the transportation of the sick and the 
injured, shall have the right of way in driving through the 


City of Memphis. 


Sec. 510. That all such persons and vehicles entitled to the 
right of way as granted by Section 509 shall provide themselves 
with a gong of sufficient size and use same when claiming the 


right of way in driving through the city. 


Sec. 511. That a violation of this ordinance shall be a mis- 
demeanor, and any person violating same, shall, upon convic- 


tion, be subject to a fine of not less than $5 nor more than $10. 


Sec. 512. Be it further ordained, That this ordinance shall 
take effect from and after its passage, and all ordinances or 
parts of ordinances conflicting with this ordinance are hereby 
repealed. Provided, that nothing in this ordinance shall be con- 
strued so as to interfere with the operation of the City Fire 


Department.* 


ARTICLE 29. 
CONDEMNATION OF PRIVATE PROPERTY. 

Sec. 513. Hereafter when it shall be deemed necessary to 
take private property for the public use, in pursuance of the 
method pointed out in the act of 1879 establishing this city, the 
following shall be the manner in which condemnation of prop- 


erty shall be conducted and carried out: 


Sec. 514. <A resolution shall first be submitted to the Legis- 


lative Council, showing the necessity of the condemnation of 


3 Sections 509 to 512 passed December 5, 1901. 


Physicians— 
right of way. 


Violation of 
ordinance. 


Resolution 
offered. 


444 


CITY ORDINANCES. 


MARKET HOUSE. 


Plat to be 
made by 
Engineer. 


‘Conference 
with owner 
with view to 
purchase. 


Condemna- 
tion. 


One market 
house and 
Market Master. 


property proposed to be made, and in general terms describing the 


property to be condemned. 


SeOCi D5: Said resolution shall lie upon the table of the Leg- 
islative Council until the next meeting; and, in the meantime, 
the Engineer shall proceed, under the direction of the Mayor, 
to survey, stake off and draw a plat of the grounds so proposed 


to be condemned and taken for public use. 


Sec. 516. When the survey and plat provided for above shall 
have been presented to the Legislative Council, the resolution 
originally proposed shall be finally acted upon, with such amend- 
ments or alterations as may be deemed necessary; and said reso- 
lution shall also authorize and direct the Mayor to confer with 
owners of said grounds, to receive propositions and to ascertain 
what terms of settlement can be agreed upon with said owners, 
which said propositions the Mayor shall report to the Legislative 


Council at its next meeting. 


Sec. 517. If the amount of compensation to be paid to owners 
cannot be agreed upon by the parties, then a jury shall be ap- 
pointed in the manner prescribed in the law establishing the 
city, whose duty it shall be to ascertain the amount to be paid 


as compensation.* 


ARTICLE 30. 

MARKET HOUSE. 
Sec. 518. There shall be but one city market house, namely, 
the Beale Street Market House, at the northwest corner of Beale 
and Hernando streets. And there shall be but one Market Mas- 


ter, who shall be appointed as now provided by law, to serve 


4 See Section 3 ante Taxing District Act, for power to open and widen streets, 
ete.; also Section 20, as to how this is to be done. That section provides that 
private property may be taken for public use, in the manner now provided by 
law for the application of private property to public use. This is set forth in 
Section 1326, et seq., Code. 


CITY ORDINANCES. 


445 


MARKET HOUSE. 


one year, unless sooner removed, and he shall be paid a salary 
of $100 per month. Before entering upon his duties he shall 


give a bond in the penalty of $2,000. 


Sec. 519. Said market house shall be kept open every day 
in the week, except Sunday, during market hours, which shall 
be from 4 o’clock in the morning to 11 o’clock a. m., but on 
‘Saturdays the market house shall be kept open from 4 o’clock 
a. m. until 11 o’clock at night. 

It shall be the duty of said Market Master to attend said 
market house during market hours, and keep same locked up 
after market hours; to collect all fees except as hereinafter 
otherwise provided; to keep order at the market house, and 
fo settle all disputes concerning weights and measures, and in- 
spect the same according to the ordinances of the city. He shall 


have police powers. 


Sec. 520. The Mayor shall, after six days’ advertisement, 
cause the meat and vegetable stalls at said market house to be 
offered for rent at auction on the second Monday in March of 
every year. The renting shall be for one year; all stall rents 
shall be paid quarterly in advance to the City Register, and 
rent notes shall be given for all the payments, except cash 
payment. The minimum price for each stall rented at said mar- 
ket house shall be $150 per annum, and the city shall Were the 
right to reject any and all bids. 

The Market Master shall report all delinquencies in the pay- 
ment of rent to the Mayor; and the failure to pay any install- 
ment of rent when the same falls due shall work a forfeiture 
of the rent contract without notice, but this shall not release 
the liability of the tenant to pay the rent due for the balance of 
the year. : 


1 By resolution adopted February 238, 1907, salary of Market Master raised 
from $75 to $100 per month. © 


Market hours. 


Duty of Mar- 
ket Master. 


Market stalls— 
how rented. 


Non-pay- 
ment of rent. 


446 


CITY ORDINANCES. 


MARKET HOUSE. 


No more than 
2 stalls to be 
rented to 
same person. 


To pay addi- 
tional for dif- 
ferent articles, 
BUC 


Renting stalls 
for unexpired 
term. 


Delivery on 
Sunday be- 
fore 9 o’clock. 


Forestalling 
the market. 


Market 
district. 


No one person or firm shall be permitted to rent, either di- 
rectly or indirectly, more than two stalls, and such stalls shall 


not be occupied by any other person than the renter, unless the 


same be duly transferred by consent of the Mayor. 
No person or firm shall offer for sale any article or line of 


commodities other than the one for which the said stall is speci- 


fically rented, unless the party or parties who use the stall for 
two or more lines of ‘business pay for handling the said different. 


commodities the same rent for each, as the occupant of each 


stall for one line of commodities.’ 


At any time after the annual sale of stalls an unsold stall 


may be rented by the Market Master, under the direction of 


ti.e Mayor, for the unexpired market year, at such rental as 
the Mayor shall deem proper. Stalls not rented by the year 
shall be rented by the Market Master from day to day at 50 
cents each; provided, that to parties occupying stalls only on 
Saturdays the rate shall ke double; and persons selling at the 
market from carts or other vehicles shall pay 25 cents each day. 
Parties occupying stalls in the market house shall have the 
privilege of delivering articles sold on Saturday up to Sunday 
morning at 9 o’clock; but no articles shall be sold on Sunday 
at all, or delivered after 9 o’clock. Any violation of this pro- 
vision shall be a misdemeanor, punishable by fine of not less 


than $1 nor more than $50. 


Sec. 521. No person shall forestall the market by buying 
during the market hours an article commonly sold in market 
for the purpose of selling the same again; nor shall any person 
offer any such articles for sale during market hours within the 


market district hereinafter described. 


See. 522. Said market district is bounded and described as 


follows: On the north by the first alley north of Monroe street; 


2 Section 520, paragraph 4, passed August 8, 1904. 


CITY ORDINANCES. 


447 


MARKET HOUSE. 


on the east by the first alley east of Lauderdale street; on the 
south by the first alley south of Vance street, and on the west 


by Clinton street. 


Sec. 523. Any person, firm or corporation peddling or selling 
meats, fish, game or vegetables from wagons, carts or otherwise 
within the market house district during market hours shall be 
guilty of a misdemeanor, and shall be subject to a fine of not 
Jess than $1 nor more than $50 for each and every offense. And 
it shall be the duty of the Market Master to see that this provi- 
sion in respect to the market house district is faithfully com- 
plied with, and he shall arrest, or cause to be arrested, any per- 
son guilty of a violation thereof, and shall prosecute such per- 


son in the Police Court. 


Sec. 524. All combinations to influence in any way the prices 
of articles offered in the market house shall be unlawful, and 
any person who is a party to such a combination shall be guilty 
of a misdemeanor, and shall be subject to a fine of not less than 


$1 nor more than $50 for each and every offense. 


Sec. 525. It shall be tae duty of renters and occupiers of 
stalls to leave the same in a neat and clean condition during 


and at the close of market hours. 


Sec. 526. 


or elsewhere in the city, the flesh of any diseased animal, or the 


No person shall offer for sale at the market house, 


flesh or any animal not considered edible food, nor flesh in a state 
of partial decay or putrefaction, or other spoiled or unwholesome 
food of any kind. [No person shall offer for sale for human food 
the flesh of any calf slaughtered under five weeks old, or any 


blown meat, blown by air or other gases ]|* 


1 In brackets passed June 18, 1891. 


Penalty for 
selling within 
the market 
district. 


Penalty for 
cornering the 
market. 


Stalls to be 
kept clean. 


Diseased or 
impure flesh 
not to be of- 
fered for sale 
in market. 


448 


CITY ORDINANCES. 


MARKET HOUSE. 


Forfeiture of 
light-weight 
articles. 


Account to be 
kept by Mar- 
ket Master of 
money re- 
ceived, and 
to be paid 
daily to 
Trustee. 


Report made 
weekly to 
Council. 


Market Mas- 
ter shall see 
that market is 
kept clean. 


Sec. 527. Bread and other articles offered for sale in the 
market house by weight, without being weighed in the presence 
of the purchaser, shall be examined by the Market Master, and 
if the articles be found lighter than represented by the vendor, 
they shall be forfeited, and sold at auction by the Market Master 
for the benefit of the city. 


Sec. 528. Be it further ordained, That the Market Master shall 
keep an exact account of all moneys received by him in the exe- 
cution of the provisions of this ordinance, and pay the same 
daily, except Saturday, to the Trustee, reporting the names of 
the persons he collects from, the numbers of stalls occupied by 
those he collects from, and the amount collected from each 


person. 


He shall also make a report of all his collections and official 
transactions to the Legislative Council at the first meeting of 


the same every month. 


Sec. 529. It shall be the duty of the Market Master, at his 
own expense, to keep all hogs, cattle and dogs, running at large, 
and other alias out of the market house; to have the same 
swept and cleaned of all rubbish and litter at least once a day, 
and as often as necessary; to require all tenants and occupiers 
of stalls to keep the same clean and in good order, and to see 
that all litter and filth is kept removed from said market house 
and the vicinity thereof. Every day at the close of market hours 
he shall see the occupants of stalls and all persons who sell 
from wagons or carts leave said stalls, and the places of stand- 
ing of said wagons or carts, in a clean and neat condition; and 
if any shall not be so left neat and clean the occupiers thereof 
shall be fined as in other cases of misdemeanors, and said stalls 
and places of standing shall be made clean by the Market Master 


at the cost of the lessee. 


449 


CITY ORDINANCES. 


MARKET HOUSE. 


Sec.. 530. 


drunken, riotous or disorderly persons found at the market house 


The Market Master or the police shall arrest all 


during market hours, and report them to the Police Court, to 


be dealt with as the law directs. 


Sec. 531. No one shall leave, ride or drive any animal into 
the market house, or on the pavement thereof, or slaughter any 
animal therein, or deposit any filthy or offensive matter about 


the same. 


Sec. 532. No one shall kindle or use a fire in or about the 
market house, except charcoal or gas stoves, and these only in 


such places and manner as the Market Master may allow. 


Sec. 533. Any lessee of a stall who shall’ fail to occupy the 
same for three consecutive weeks, by himself or assignee, shall 


forfeit his right to the same. 


Sec. 534. Any lessee of a stall or vendor in the cee who 
shall throw, or cause to be thrown, any meat, fish, fruit or vege- 
tables, whether decayed or otherwise, in any of the streets or 
gutters adjoining the market house, shall be deemed guilty of 
a misdemeanor, and shall be fined not less than $1 nor more 


than $50 for each and every offense. 


Sec. 535. Every lessee of a stall in the market house is hereby 
required to have his, her or their names printed on a tin sign, 
in a plain and legible manner, with the number of the stall or 
stand thereon, to be fixed in a conspicuous place over. the stand, 
stall or place occupied; and the failure or refusal a comply with 
this provision after five days’ notice by the Market Master shall 


be deemed a misdemeanor. 


Sec. 536. It shall be the duty of the Market Master— 
1. To exercise a general supervision over the market house 
and market place, and to enforce the regulations established 


for the government thereof. 


Arrest disor- 
derly persons. 


Animals not 
to be driven 
into market 
house. 


No fires, ex- 
cept charcoal 
or gas stoves. 


Stall forfeited 
by failure to 
occupy. 


Penalty for 
throwing 
meat, ete., in 
gutters at 
market house. 


Stall keepers 
to have sign. 


General du- 
ties of Mar- 
ket Master. 


450 


CITY ORDINANCES. 


MARKET HOUSE. 


Regulations 
governing 
renting of 
stores at mar- 
ket house. 


2. To assign places to wagons or persons attending the mar- 
ket, and to enforce order among them. 

3. To exercise a general care and custody of the market 
house, and all the appurtenances thereof. 

4. To examine the quality of all articles offered for sale in 
the market, and to seize all blown, unsound, diseased or impure 
or unwholesome articles for sale. 

5. To examine the weights of all articles exposed for sale, 
and seize all which are of less weight than that represented by 
the seller. 

6. To enforce order in the market, and decide all disputes 
which may arise between buyer and seller touching the weight 
or measure of any article. 

7. To generally do and perform all acts necessary for the 
proper regulation of the markets and the enforcement of market 
regulations. 

After the close of the market, no sale of meat, vegetables or 


other articles shall be made therefrom. 


Sec. 537. The stores under the Beale Street Market House 
and on the ground floor thereof shall be rented by the Board of 
Fire and Police Commissioners upon the approval of four mem- 
bers of the Board of Public Works. The rent contracts for said 
stores shall be executed and approved as now provided by law 
for the making of other contracts. No store shall be rented 
for a less period than one year, nor more than three years, said 
rent to be paid monthly in advance to the City Register. The 
rent contracts shall provide that in the event of default in the 
payment of any installment of rent as the same falls due, such 
forfeiture shall work a forfeiture of the rent contract without 
further notice, but this shall not release the tenant from the 
payment of the amount due by him for the balance of the term, 
and the rent notes shall be given and placed in the hands of the 


City Register for collection. 


CITY ORDINANCES. 


451 


MEAT, FISH AND VEGETABLE STORES. 


Sec. 538. Wherever the rent contract is for a less period than 
three years, the tenant shall have the option to continue the 
contract for the balance of said period of three years, at the 
same price and upon the same terms, but said tenant shall give 
notice to the city thirty days before the expiration of his con- 


tract of his intention to take advantage of said option. 


Sec. 539. Upon failure of any tenant to pay rent when due, 
and at the expiration of any rent contract, the Mayor shall at 
once order such tenant to at once vacate such store, and he 


shall proceed to re-rent the same. 


Sec. 540. Tenants of such stores shall provide their own lights 


and heating. 


Sec. 541. Any tenant holding over after the expiration of his 


lease shall be liable for the rent for the ensuing year. 


Sec. 542. These ordinances shall be considered as part of 
every rent contract, and every tenant shall be understood to rent 


under the conditions herein imposed. 


ARTICLE 31. 
MEAT, FISH, GAME AND VEGETABLE STORES. 

Sec. 543. Each and every person, firm or corporation having 
a meat store on the second Monday of March, 1898, at any other 
place than the Beale Street Market House, and within the mar- 
ket house district above described, shall be permitted to con- 
tinue said store for the sale of fish, meats, game, vegetables, 
fruits and melons of all kinds, on the payment of the license 
provided by law, but no new store or stand for the sale of fish, 
meats, game, vegetables, fruits and melons of all kinds shall 
be opened within the market house district hereinbefore bounded 
and described, nor shall any such store or stand within said 
district above specified be continued except by the present owner 


or proprietor. 


Persons hav- 
ing meat store 
on second 
Monday in 
March, 1898, 
in market dis- 
trict may 
continue. 


452 CITY ORDINANCES. 


MEAT, FISH AND VEGETABLE STORES. 


Penalty for Sec. 544. Any person violating any of the provisions of this 
violation of 
ordinance. ordinance shall be deemed guilty of a misdemeanor, and, on 


conviction thereof, shall be fined not less than $1 nor more than 


$50 for every offense. 


Inspection of Sec. 545. All stores where fresh meats, fish, game or vege- 
meat stores 


Brg tables are sold shall be subject to inspection by and at the dis- 
cretion of the Market Master, or on complaint of any citizen. 
Merchants Sec. 546. Any merchant or commission ‘merchant regularly 


may sell meat 
—under what 


regulations, | licensed shall be authorized and permitted to sell fresh meat 


from his or her store without obtaining a special permission 
therefor; provided, that no such merchant or commission mer- 
chant shall cut or reduce the bulk of any piece of fresh meat, 
or shall permit the same to be done for purposes of sale, or the 
convenience of purchasers, while the same is in his store or 
under his control; and, provided further, that in no case shall 
any merchant or commission merchant sell fresh meat in any 


smaller quantity than one-quarter of any slaughtered animal. 


event vt Sec. 547. All persons doing business under the provisions of 
meat after 


Rese ie the last three sections are hereby authorized to deliver articles 
sold until ten (10) o’clock Sunday morning, but not to sell any 
article on that day; but delivery after ten (10) o’clock is for- 


bidden. 


ie Sec. 548. Any person or firm who shall violate any of the 
provisions of this article, or who shall sell fresh meat, fish, game 
or vegetables from any store without having obtained the requis- 
ite permission from the Mayor for the same, shall be guilty of 
a misdemeanor, and, on arrest and conviction before the. Mayor, 


shall be fined not less than $1 nor more than $50 for each offense. 


CITY ORDINANCES. 


453 


MEAT INSPECTOR, DUTIES, ETC: 


ARTICLE 32. 
MEAT INSPECTOR. 
Sec. 549. There is hereby created the office of Inspector of 


meat, fish, game and poultry in and for the City of Memphis." 


Sec. 550. The Mayor, in conjunction with the Board, shall 
appoint one Inspector of meat, fish, game and poultry; said In- 


spector shall also have police power. 


Sec. 551. Said Inspector shall give bond for $5,000, with two 
or more solvent sureties, to be approved as required by the 
ordinances of the city, for the faithful discharge of the duties 
of his office; provided, no one shall be appointed Inspector of 
meat, fish, game and poultry who is not a practical *butcher. 

[|Said. Inspector shall report to, and be under the orders and 
control of, the Board of Health, as are other sanitary officers 


of said city.]’ 


Sec. 552. Before entering upon his duties, the officer herein 
named shall take and subscribe an oath to faithfully demean 
himself, and to perform his duties in office, and to obey the 
_laws and ordinances of the City of Memphis. 

[That all inspectors heretofore or hereafter appointed by 
the City of Memphis shall, before re-entering upon or proceed- 
ing with their duties as such inspectors, take and subscribe the 
following oath: “I, ——- ——~ ——-——,, do solemnly swear that 
I am not, and will not become, interested, directly or indirectly, 
with. any individual, firm or corporation engaged in the manu- 
facture or sale of any article subject to my inspection; that 
I will not deal or trade in any article subject to my inspection, 
either for myself or others, and that I will never, by solicitation 


or otherwise, interfere with or undertake to influence any sale, 


1 Sections 549 to 560, except as otherwise noted, passed April 3, 1890. 
2 In brackets passed September 6, 1894. 


How 
appointed. 


Qualification 
and bond. 


Reports by. 


Oath. 


454 


CITY ORDINANCES. 


MEAT INSPECTOR, DUTIES, ETC. 


Powers. 


Disposition to 
be made of 
tainted meat, 
etc. 


Penalty. 


Flesh of dis- 
eased cattle 
not to be 
sold. 


Penalty for. 


purchase or dealing whatever between others, in any article sub- 
ject to my inspection. 

“TI do further swear that, in the performance of my official 
duties as such Inspector, I will, at all times, act impartially, 


end without discrimination against any person whomsoever.” | - 


Sec. 553. Said Inspector shall have power to enter all stock 
yards, markets, meatshops, stores, slaughter houses or other 
places where meats, game, fish and poultry are offered for sale, 
either wholesale or retail, for human food. When such meats, 
game, poultry or fish are found, on inspection, to be tainted, 
diseased, corrupted or unwholesome, from any cause, said In- 
spector shall order the same to be immediately disposed of other- 
wise than for food, and the person, firm or corporation having 
in his, their, or its possession such meat, poultry, game or fish, 
shall inform the health officer, in writing, under oath, within 
forty-eight hours after they have been notified by the Inspector 
as to what disposition they have made of such meat, poultry, 
game or fish; and any one failing to comply with the provisions 
of this section shall be deemed guilty of a misdemeanor, and, 
on conviction thereof, shall be fined not less than $1 nor more 


than $50 for each offense. 


Sec. 554. Any person, firm or corporation who shall offer for 
sale to customers for human food any meats, game, poultry or 
fish that are tainted, diseased, corrupted or unwholesome, or 
meats from any cattle, hogs, sheep or calves that were unsound, | 
sick, diseased or out of condition at the time they were slaugh- 
tered, shall be guilty of a misdemeanor, and, on conviction 
thereof, shall be fined not less than $1 nor more than $50 for 


each offense. 


38 In brackets passed June 9, 1897. 


CITY ORDINANCES. 


455 


MEAT INSPECTOR, DUTIES, ETC. 


Sec. 555. Any person, firm or corporation who shall be con- 
victed of any offense under Sections 553 and 554 of this ordi- 
nance shall have their names and place of business published 
by the Board of Health conspicuously in one or more newspa- 


pers published in the city, for three days. 


Sec. 556. The Inspector shall perform such other duties as 


may be prescribed by the Board of Health. 


Sec. 557. The Inspector so appointed shall receive a salary 
of $1,500, $1,200 of which shall be paid monthly, and absolutely, 
but the remaining $300 of which shall be paid at the end of his 
official year; that for the purpose of this ordinance his official 
vear shall be considered as ending on the ist day of February, 
and that such additional $300 shall be payable only on condition 
that the net receipts of inspection for the year shall equal or 
exceed $1,500. If such receipts should exceed $1,200, but fall short 
of $1,500, he shall, at the time aforesaid, receive the excess over 
$1,200.* 

[He shall furnish, at his own expense, all necessary equipment 
for the proper performance of his duties, except books, stationery 
and printing, whieh latter will be furnished and paid for by the 


city. ]° 


Sec. 558. Hereafter it shall be unlawful for any person to 
offer for sale for human food any animal, or the flesh of any 
animal, or of fish, fowl or game, unless the same has been duly 
inspected by the Inspector appointed for that purpose, as here- 
inafter provided, and any person violating this section, upon 
conviction, shall be fined not less than $3 nor more than $50 


for each offense. 


1 Section 557 passed April 2, 1892. 
2 In brackets passed November 8, 1894. 


Names of of- 
fenders to be 
published. 


Other duties 
ot Inspector. 


Salary of In- 
spector and 
how paid. 


Penalty for 
selling unin- 
spected meat. 


456 


CITY ORDINANCES. 


RETAIL LIQUOR DEALERS. 


Inspection 
fees. 


Tenure of of- 
fice of In- 
spector. 


Sec. 559. The Inspector shall receive for account of the city, 
for inspection of live stock, the following fees, to be paid by 
owners of stockyards, to-wit: ek 

For carload lots of twenty head or more, $1 per car, or 5 
cents per head for less than a carload; for sheep or hogs, $1 
per carload, or 1 cent per head for less than a carload. For 
dressed meats, by car lots, $2. No extra charge shall be made 


to any retail dealer in meat, fish, game or poultry, but he shall 


-be entitled to a fee of 10 cents for one beef, either live or dressed, 


and 5 cents per head for sheep and hogs and calves which may 
be brought in wagons from the country, to be sold in the city. 
He shall be entitled to the above named fees for any dressed 
beef, hogs or sheep which are Breaent either by boat or railroad, 
but no charge for wild game shall be made; all of said fees to 
be paid weekly to the County Trustee by the said Inspector, 


taking duplicate receipts therefor in the usual form.’ 


Sec. 560. That the Inspector herein provided for shall sur- 


render his office at any time at the request of the Legislative 


- Council, and on any charges made by responsible parties he may 


Liquors not to 
be sold less 
than quart 
without 
license. 


License for 
retailing less 
than quart. 


be suspended by the Mayor, and tried by the Board of Fire and 


Police Commissioners, as other officers. 


ARTICLE 33. 
LIQUOR SALOONS AND RETAILING. 
Sec. 561. It shall not be lawful for any person or persons to 
vend or sell spirituous, malt, vinous or intoxicating liquors within 
the city in less quantities than a quart, unless he, she or they 


shall have complied with the requirements hereinafter set forth.’ 


Sec. 562. Any party or parties desiring to engage in the busi- 


ness of vending by retail, in less quantities than a quart, spir- 


3 Section 559 passed June 19, 1890. 
4 Acts of 1909 prohibit sale of liquor after July 1, 1909. 


CITY ORDINANCES. 


457 


RETAIL LIQUOR DEALERS. 


ituous, vinous, malt or other intoxicating liquors within the 
city shall first obtain a license granting to the party or parties 


applying for such privllege. 


Sec. 563. It shall be the duty of each and every person or 
persons taking out a license for the retail of spirituous, vinous, 
mali or other intoxicating liquors, at the expiration of his, her 
or their license aforesaid, or whenever he, she or they may 
transfer or otherwise dispose of the same, or notoriously aban- 
don the business of retailing spirits, etc., to appear instanter 
before the Trustee, and render to him, under oath, a true and 
perfect statement of the amount invested in the purchase ot 
spirituous, vinous, malt or other intoxicating liquors, made for 
the purpose of retailing under his, her or their license aforesaid, 
during the continuance of the same; and at the same time pay- 
ing into the hands of the Trustee any additional tax which may 


be then due upon said license. 


Sec. 564. Each and every person or firm obtaining x license 
for the retailing of spirituous, malt, vinous or other intoxicat- 
ing liquors, shall keep a peaceable, quiet and in every respect 
orderly house, and shall not retail, donate or give away any 
spirituous, malt, vinous or other intoxicating liquors to any 
minor, or knowingly permit the same to be done, without the 
permission of the parent or guardian of such minor, in writing; 
nor shall such person or persons allow any gaming for spir- 
ituous, malt, vinous or other intoxicating liquors, money, or 
anything to eat, or other valuable thing or things, in the house 
in which such person or persons may retail spirits, or on the 
premises, or in any place procured by him or them for that 
purpose; and any violation of the provisions of this section 


shall be a misdemeanor. 


Sec. 565. All kinds of music in any saloon, or other place nel 
mil 


Report 


to be 


made to Trus- 
tee of stock 
on hand. 


Order to be 
maintained by 
retailers of 


liquors. 


e 


where spirituous, malt or vinous liquors are habitually sold to 10%: 


ce not per- 
d 


in §sa- 


458 CITY ORDINANCES. 


RETAIL LIQUOR DEALERS. 


be drunk on the premises, or are habitually drunk on the prem- 
ises, are forbidden; and any one offending against this ordi- 
nance shall, upon conviction before the Police Court, be fined 
not less than $1 nor more than $50 for each and every offense; 
and each and every day or night, or any part of either, that 
any one permits or plays any kind of music in any of the places 
aforesaid, he or she shall be guilty of a distinct offense, except 
where special permits from the Mayor shall be granted, which 


permits may be revoked at his pleasure.’ 


Liquors not Sec. 566. Nothing in this chapter shall be so construed as 


to be sold on 
Eeren ae to authorize the sale, or, in any manner or form whatever, the 
Sunday, or be- 


rock {vending of spirituous, malt, vinous or other intoxicating liquors 


prime on Sunday,’ or on any day on which State or county or other 


elections are held, within the city limits, or after twelve o’clock 
at night, until four o’clock the next morning; but the same is 
hereby prohibited, either by sale, gift or otherwise, upon the 
days and within the hours herein prohibited, under the pain 
and penalty of a fine of not less than $1 nor more than $50 for 
each and every offense, together with a forfeiture of his, her 
or their license for the sale and vending of spirituous, malt, 
vinous and other intoxicating liquors. And, further, it shall 
be the duty of each and every person or persons having obtained 
a license, and keeping a house or other place for the sale or 
vending of spirituous, malt, vinous or other intoxicating liquors, 
to close up and keep the same closed, so as to admit no one 
save his, her or their employes, legitimately engaged in the sale 
of spirits, etc., after the hour of twelve o’clock p. m. until four 
e’clock the following morning of each and every day from the 
commencement to the expiration of his, her or their license 


aforesaid, under the pain and penalty of not less than $1 nor 


1 Section 565 passed April 8, 1882. 
2 See post Article 36. 


CITY ORDINANCES. 


459 


VEHICLES, LICENSE AND REGULATIONS. 


more than $50 for each and every offense, together with a for- 


feiture of his, her or their license for the retail of spirits, etc. 


Sec. 567. Every and all persons taking out a license for the 
retail of spirits, etc., shall keep the same continually posted in 
some conspicuous place in the house or room where they vend 
spirits, etc., by retail, so that any and all of the city officers 
can readily approach and examine the same at pleasure. 

On failing to comply with this provision he, she or they shall 
forfeit and pay to the city a fine of not less than $1 nor more 


than $10 for each and every day that he, she or they may so 


offend. 
Sec. 568. All oyster saloons, where oysters or other refresh- 
ments are disposed of in connection with a tippling house, are 


hereby declared a portion and part of the tippling house adjoin- 
ing, for the purposes of this ordinance, and shall be subject 


to the same penalties and rules as tippling houses. 


Sec. 569. Any and every violation of any of the foregoing pro- 
visions is hereby declared to be a misdemeanor, and the person 
or persons violating the same shall, upon conviction before the 
Police Court, be fined from $1 to $50, unless other fines are 


herein specifically provided. 


ARTICLE 34. 
DRAYS, CARTS AND HACKNEY COACHES. 


Sec. 570. Before a license shall be granted to any person to 
Tun any dray, cart or hackney coach, he shall enter into bond, 
with security, to be approved by the Register of the City of 
Memphis, of Shelby County, Tennessee, which shall be in form 


and condition, etc., as follows: 


“State of Tennessee, Shelby County, City of Memphis.—Know 
That we, 


all men by these presents: ———.,, all of the 


county and State aforesaid, are held and firmly bound unto the 


License to be 
posted. 


Penalty for 
not posting. 


Restaurants 
connected 
with saloons 
must have 
license. 


Penalty for 


violation. 


License for 
drays, carts, 
ete.—form of, 


460 


CITY ORDINANCES. 


VEHICLES, LICENSE AND REGULATIONS. 


Vehicles to 
drive to right. 


Drive in walk 
in alleys. 


Metal num- 
bers of license 
to be affixed 
to vehicle. 


City of Memphis, Shelby County, Tennessee, in the sum of $500, 
for payment of which, well and truly to be made, we bind our- 
selves, our heirs, executors and administrators, jointly and seyv- 


erally, firmly by these presents. Witness our hands and seals, 


this ——- day of ——, A. D., 19—. The condition of the above 
obligation is such: That, whereas, the above bound has 
this day applied for and taken out a license granting to | 

the privilege within the city limits to run one , No.. —, for 


the —— corporate year; Now, if the said shall well and 


truly perform and discharge the duties incumbent on a common 
carrier, in a speedy as well as safe delivery of all manner of 
eoods, wares, merchandise, persons, etc., committed to his charge, 
and fully and faithfully comply with the laws and ordinances now 
in force, as well as those which may hereafter be passed by the 
Legislative Council, regulating drays, carts, wagons, hacks, 
coaches, etc., then this obligation to be void; otherwise to remain 


in full force and virtue. Witness, 


[seal] ——— [seal]. Pro- 
vided, that this provision of this chapter shall not apply to 
drays, wagons, etc., used aly for family or home purposes. 
Provided further, that the Register shall charge for the labor 
of issuing all licenses, 25 cents; the same to go to the THigtedts 
hands for the account of salaries, printing expenses and station- 


ery purposes. 


Sec. 571. All drivers of carts, drays, wagons and any other 
vehicles whatsoever shall pass each other on their right hand, 
and shall always drive as close to the footway on the left as 
they conveniently can. Persons driving in narrow streets, lanes 


or alleys, and turning corners, shall drive in a walk. 


Sec. 572. Every pérson who shall obtain a license in accord- 
ance with the provisions of this ordinance to run dray, cart or 
wagon, or other vehicle, shall be furnished by the Register with 


duplicate numbers of said license on two metal plates, in figures. 


CITY ORDINANCES. 


461 


VEHICLES, LICENSE AND REGULATIONS. 


not more than three inches long, which said duplicates shall 
be fastened on the blinds of the bridle, or where there are no 
blinds used, then on the fide of the saddle harness; provided, 
that in case of the omnibuses, coaches or carriages or other 
vehicles carrying glass lamps attached to each side of the same, 
the number of said licenses shall be painted on the lamps on the 
glass front or sides thereof, which lamps shall always be lighted 
when such vehicles are used after dark, and such duplicate num- 
bers shall, during the continuance of such license, be kept in 
their places as aforesaid, and it shall be a misdemeanor to dis- 
place the same, or either of them, during such time, or interfere 
with the same, or either of them, or use such vehicles without 
having both of the same in place, or to use any vehicle without 


such duplicate fastened and kept as aforesaid.’ 


Sec. 572a. When any person to whom license shall have been 
granted shall lose the plate or plates expressing the number of 
his license, he shall immediately inform the Register of such 
loss. He shall at the same time furnish the Register with an 
affidavit of such loss, and the Register shall at once cause such 
number to be cancelled for the current year, and also notify 
the Chief of Police of the fact of the loss of such number. Upon 
being satisfied of the loss of any number, the Register shall 
furnish a new number to the applicant, and mark on his roll 


opposite such new number, the words, “‘Issued in place of number 


; , lost” (filing blank with the lost number), the ap- 
plicant paying for such new number the sum of 75 cents to cover 
all expenses of issuing the same. It shall be a misdemeanor for 
any person to use any such cancelled number, and any one con- 
victed thereof shall be fined not less than $1 nor more than $50 
for each offense, and each day’s use thereof shall be a separate 


offense. 


1 Section 571 passed November 20, 1883. 


Loss of metal 
license num- 
ber—how sup- 
plied. 


462 CITY ORDINANCES. 


VEHICLES, LICENSE AND REGULATIONS. 


ree uey. Sec. 573. All vehicles drawn by one or more horses, for the 
coacnes 


defined. transportation of passengers, for hire, shall be deemed hackney 


coaches; and wherever the words hackney coaches occur in this 


chapter they shall be construed to embrace all such vehicles. 


Vehicles not Sec. 574. It shall be a misdemeanor for any owner, or any 
to stand near 


eine one in charge of any vehicle of any description whatsoever, to 


stand the same, or allow the same to remain on the street, 
around or in the vicinity of Court Square, for any period of 
time, or in front of, or near any business or dwelling house, 
structure or premises on any street, alley or avenue of the city, 
without the written permission of the owner or occupant of 
said house or premises, countersigned by the Chief of Police, 
and then only upon condition that such stand be at all times 
kept clean and free from all litter, dirt and filth, by the party 


obtaining such permission.* 


eee Sec. 575. That the present hack stand on South Court street 
be, and it is hereby abrogated, and in lieu thereof that the white 
hackmen be allowed to occupy any of the east and west streets 
between Main and Second, and between Main and Front, except 
Madison and North Court streets, but not more than three hack- 
men shall stand at the same time in any one block, the hacks 
on each block to stand at such points as may be designated by 
the Chief of Police. The colored hackmen will be allowed to 


continue to stand as heretofore on North Court street.? 


Penalty for Sec. 576. Be it further ordained, That any hackman occupy- 
occupying un- % 


ee ing a stand not designated by the Chief of Police, or any hackman 
occupying a stand on any of said blocks where three other hacks 
shall be already standing on said block, or any hackman occu- 


pying a stand except as permitted by this ordinance, shall 


1 Section 574 passed March 22, 1880. 
2 Sections 575 and 576 passed April 4;- 1895. 


CITY ORDINANCES. 


463 


VEHICLES, LICENSE AND REGULATIONS. 


he guilty of misdemeanor, and upon conviction fined not less 


than $1 nor more than $50.° 


Sec. 577. Be it ordained by the Legislative Council of the City 
of Memphis, That the rate of compensation for the use of any 
hackney coaches within the City of Memphis shall be as fol- 
lows: : 

A. For transporting passengers with valises, carpet sacks 
and other articles of light baggage, from or to any railroad depot, 
hotel or steamboat landing in the city, within the city limits 
as they existed prior to the act of 1899, for each passenger 50 
cents; for each trunk, 50 cents. 

B. For transporting passengers with valises, carpet sacks and 
other such articles of light baggage from or to any railroad 
depot, hotel or steamboat landing in the city, beyond the old 
city limits, as they existed prior to the act of 1899, and within 
the territory bounded on the east by Watkins avenue, Garland 
avenue and the extension thereof, for each passenger, 75 cents; 
for each trunk, 75 cents. 

C. For transporting passengers or valises, carpet sacks and 
such like articles of light baggage from or to any railroad depot, 
hotel or steamboat landing in the city, and without the territory 
included in sections “A” and “B,” for each passenger, $1; for 
each trunk, $1. 

D. For one day’s use for coach and driver, $10. 

E. For use of coach, containing complement or less of pas- 
sengers, with privilege of going from place to place within the 
city or vicinity, for the first hour, $2; for each successive hour 
until the charge shall reach $10, $1. 

Double the above rate may be charged after 9 o’clock p. m., 
except to and from steamboat landing to hotel, and to and from 


railroad depot to hotel, said compensation shall only be 50 cents 


2 Sections 575 and 576 passed April 4, 1895. 


Hackney 
coaches, 


Rate of 
charges old 
city limits. 


Within lim- 
its of Wat- 
kins, Garland, 
ete. 


Kast of Wat- 
kins ave., ete. 


One day’s use. 


Going from’ 
place tu place. 


Double rate 
after 9 
o’clock p. m., 
etc. 


464 CITY ORDINANCES. 


VEHICLES, LICENSE AND REGULATIONS. 


for one passenger, and 50 cents for one trunk; provided, however, 


that the charge for the first hour’s use of coach shall not exceed 


$2. 
Copy of Sec. 578. Every public hackney ‘coach shall have a printed 
charges to be 
posted, copy of the rates of compensation enumerated in Section 1 of 
this ordinance, placed on the inside thereof.* 
Charge for Sec. 579. The charge for transporting baggage alone, within 
transporting 
baggage. the city, shall be, for the ordinary baggage of any individual, 
the same as is allowed for each passenger. 
Transfer Sec. 580. No person shall drive within the city, for hire or 


wagons must 
have license. wages, or cause to be driven, any cart, sled, truck, dray or wagon, 


for the transportation of any merchandise, goods or other articles 
of any kind, or drive or cause or permit to be driven any hackney 
coach, cart, omnibus or stage, for the transportation of passen- 
gers, without having obtained a license therefor, according to 


the provisions of this chapter. 


Width of tires Sec. 581. From and after January ist, 1884, no vehicle sub- 
of licensed 


Cems. ject to license shall be allowed to run or haul over the paved 


streets of the city, unless the tires of each wheel of the same 
shall be of the width as follows: _ | 

For dota wagon or truck, 314 inches. : 

For 2-horse cart or dray, 3 inches. 

For 2-horse omnibus, spring or express wagon, 3 inches. 

For {horse omnibus, spring or express wagon, 114 inches. 


For 1-horse omnibus, spring or express wagon, without springs, 


by 


inches. . 

For 1-horse drays or carts, 234 inches. 

For 2-horse wagons for hauling heavy freight, 3 inches. 

For 2-horse wagons for hauling heavy freight, with springs, 214 


inches. 


8 Sections 577 and 578 passed March 21, 1907. 


CITY ORDINANCES. 


And each and every one running or allowing any vehicle of 
the character aforesaid owned or controlled by him or her, hav- 
ing a less width of tire than the aforesaid, to be run upon any 
of the paved streets of the city, shall be guilty of a misdemeanor; 
and, upon conviction thereof before the Police Court, shall be 
fined not less than $1 nor more than $50 for each and every 
Arie and each day’s running of the same, or any of them, shall 


be a distinct and separate offense.* 


Sec. 582. In no instance shall more than one driver or person 
be permitted to sit or ride on the driver’s seat of any carriage, 
hack or coach, for which a license has been issued; and in the 
event that two drivers, or two individuals pretending to be 
drivers, are found on the: driver’s seat, it shall be deemed a 
misdemeanor, and the owner of said carriage, hack, or coach, 
shall be liable to a fine of not less than $1 nor more than $50; 
and upon the fact being made known to the Mayor, he shall 
have power to revoke the license that may have been issued for 


the running of said carriage, hack or coach. 


Sec. 583. Any violation of the provisions of this chapter shall 
be deemed a misdemeanor; and, where fines have not been 
specially provided, shall subject the offender to a fine of not less 
than $1 nor more than $50, upon conviction before the Police 


Court. 


ARTICLE 35. 
CONTRACTS. 
Sec. 584. All contracts to which the city shall be a party 
shall be made in conformity with the powers delegated in the 


act establishing the same, and be signed as provided therein.” 


1 Section 581 passed August 19, 1882. 
2 Ante Section 7, Taxing District Act. 


465 
CONTRACTS. 


Penalty for 
violation. 


Only one per- 
son to sit on 
seat of li- 
censed hack, 


Penalty for 
violation. 


Must conform 
to act author- 
izing. 


466 


CONTRACTS. 


Paving con- 
tracts must 
authorize re- 
jection of in- 
ferior mate- 
rial. 


Forfeiture 
clauses in city 
contracts. 


Contracts 
must limit 
liability to de- 
partment do- 
ing the work. 


CITY ORDINANCES. 


Sec. 585. All contracts for grading and paving any street, 
avenue, sidewalk or wharf, shall contain a provision that if the 
contractor, or any other person, shall bring, or cause to be 
brought, on said street, avenue, sidewalk or wharf, any materials. 
which do not strictly conform to the contract or city ordinances, 
the Engineer, or other proper officer of the city, shall, on behalf 
of the city, have the right to order the same to be removed forth- 
with from off such street, avenue or wharf; and in case of neglect. 
or refusal of the contractor, or those employed by him, to remove 
such material, then to cause the same to be removed at the 
expense of the contractor, and to deduct the expense of such 


removal, and all other expenses thereon, from the account of 


the contractor. 


See. 586. All contracts for any public work or improvements. 
shall contain a provision that the damages for each day’s neglect. 
to finish the work according to contract beyond the time fixed 
therein, shall be $10, when the gross amount to be paid the 
contractor shall be $5,000 or less, and $10 a day additional for 
every $5,000 beyond that sum, or such amount as may be pre- 
scribed at the time by the Board of Public Works, to be specified - 
in the contract, and the same is to be deducted as fixed and settled 
damages from the contract price of the work before the contractor 
is paid, and in settlement with such contractor the amount of 


the same is to be charged to him as so much paid on his. 


contract. 


Sec. 587. All contracts to which the city is a party must. 
contain a provision that the other contracting party must look 
alone for payment to the fund specified in the act establishing 
this ‘city,’ for’ the particular service or department in which the 
work is to be done, and none other, for the year for which the: 


same is levied and collected, and that the contract is not to create 


3 Ante Section 12, Taxing District Act. 


CITY ORDINANCES. 


467 


MISDEMEANORS. 


any general liability against the city, but only against said fund, 


and none other.® 


Sec: 588. All moneys received and receivable for rents of any 
and all property belonging to the city, are devoted, and are to be 
¢€xpended in the improvement of the property from which such 


rents are received and receivable. 


ARTICLE 36. 
MISDEMEANORS—OFFENSES AFFECTING GOOD MORALS AND DECENCY. 
Sec. 589. It shall be deemed a misdemeanor to do, or cause to 
be done, any of the: following acts, and any person convicted 
thereof shall be fined not less than $1 nor more than $50: 
To keep a gambling saloon; or for any one to keep or have in 
his possession any table, cloth, tox or devices for the purpose of 


gaming. 


Sec. 590. To play at any game of chance or hazard for money 
or other valuable thing, or in any way to aid, abet, countenance 


or encourage such game. 


Sec. 591. To maintain one’s self by gaming or other undue 
means, or remain at hotels or in the city for the purpose of 


gaming. 


Sec. 592. To witness any game of chance for money or other 
valuable thing, without at once reporting the same to some officer 


of the law. 


Sec. 593. To have in actual or constructive possession any 
instrument or thing used for the commission of burglary, or for 


picking locks or pockets, or any swindling device. 


8 Ante Section 12, Taxing District Act. 
4 Passed August 4, 1881. 


Or 


City rents— 
how applied. 


Keeping gam- 
bling saloon. 


Play game 
of chance. 


Gamble for 
living. 


Witness gam- 
bling without 
reporting, 


Possess bur- 
glars’ tools or 
swindling de- 
vice, 


= 


468 CITY ORDINANCES. 


MISDEMEANORS. 


Keep or per- Sec. 594. To keep a house of ill-fame or assignation house; or 
mit to be kept 
oe of ill- to permit any house owned by any one, or under his, her or their 


control, to be kept for the purpose of prostitution. 


ree AC Sec. 595. To publish, circulate, give or sell, or cause to be 

es litera- Dublished, circulated, given or sold, any book, writing, print, 
picture, newspaper pamphlet or other work of an _ obscene, 
licentious, lewd, libidinous or libelous nature; or to publicly 
exhibit any lewd, obscene, indecent or libelous picture. 

Sell liquors Sec. 596. To sell, deal out or give away, on Sunday, any spirit- 


on Sunday. 
uous or malt or vinous liquors, from any grocery, tippling-house 


or other place of business.* 


Keep open Sec. 597. To keep one’s place of business open on Sunday, 
business place 
Sunday— or sell on that day any goods, wares or merchandise; except 


except, ete. 
tavern-keepers, who may furnish meals and refreshments to 


actual guests; livery stable keepers; apothecaries, who may sell 
necessary medicines; and confectioners, who may sell ice cream, 
soda water and cakes; provided, that bakers may keep open their 
bakeries for the sale of bread until 10 o’clock a.m., and from 5 
to seven p.m. on the Sabbath; and ice dealers may sell and 


deliver ice, as on other days.? 


Drive beer Sec. 598. To drive through the city, on Sunday, any mineral 
wagons, etc., 
through city water, ale, beer or porter wagon, or any vehicle for like purpose; 


on Sunday. 
or to drive on that day, for hire, any dray, wagon or other vehicle 
for the transportation of goods, wares and merchandise, except in 


case of urgent necessity. 


Play bil- Sec. 599. To play on Sunday in any licensed house, at billiards, 
liards, etc., on 
Sunday. ten-pins, cards or other games. 

\ 
Enter tip- Sec. 600. To permit any’ person, except actual and regular 
pling house 


Sunday. cmployes, to enter any tippling-house on Sunday. 


1 See ante Section 566. 


2 Ordinance allowing barbers to keep open until 10 o’clock Sundays repealed 
February 9, 1888. 


CITY ORDINANCES. 


469 


MISDEMEANORS. 


Sec. 601. To keep open any tippling-house, or permit the 
same to be kept open after twelve o’clock at night, or to permit 
any person other than the proprietors and regular employes to 
enter or remain within such place after that time, until four 


o'clock the next morning. 


Sec. 602. For any keeper of a retail liquor saloon, gambling- 
house, assignation house, or house of ill-fame or any one in 
charge of such saloon, house or houses, to permit a minor, under 
twenty years of age, to enter the same or play at any game or 


buy or drink any spirituous, malt or vinous liquors in the same.* 


Sec. 603. For any keeper or person in charge of any billiard- 


room or saloon to allow any minor, under twenty years of age, 
to lounge about the same, or to play at billiards or any other 
game in the same, without the written consent of said minor’s 


parents or guardian.*® 


Sec. 604. To appear in a public place in a state of nudity, or 


to bathe in such state in the daytime in the river.or bayou, or 
to appear in public in the dress of the other sex, or in an indecent 


or lewd dress, or to do any obscene or indecent act in any public 


place. 


Sec. 605. To be an inmate of a house of ill-fame, or to be 


found in such a house for lewd purposes. 


Sec. 606. For any woman of the town, or prostitute, to walk 


the streets after 9 o’clock at night, or at any time, to solicit any 
person on the street, or in any place, to accompany her, or to 


meet her at any place for purposes of prostitution. 


Sec. 607. For any person who, having no apparent means of 


subsistence, to neglect to apply himself or herself to some honest 


ealling, or for any one to be found loitering about saloons, or 


3 Sections 602 and 608 passed June 10, 1880. 


Keep open 
tippling house 
between 12 
and 4 o’clock 
Lie Bae 


Permit minors 
to enter sa- 
loon or house 
of ill-fame. 


Permit minors 
to lounge 
about saloon, 
etc: 


Appear in 
nude or inde- 
cent dress. 


Inmate of 
house of ill- 
fame, © 


Street 
walking. 


Vagrants. 


“Woman found 
in saloon. 


Vagrants. 


Defined. 


470 CITY ORDINANCES. 

MISDEMEANORS. 
dram shops, gambling-houses, or houses of ill-fame, or tramping 
or strolling through the city, without any visible means of sup- 
port, or begging anywhere in the same. And it is hereby made 
the duty of the Chief of Police, and all officers and subordinates 
under him, to arrest all vagrants, and carry them before the 
Mayor to be tried and dealt with according to law. 

Derg Sec. 608. For any person to be found loitering about a dis- 

aroun 

-saloons. 


reputable or disorderly saloon or dram shop, or about gambling- 


houses or houses of ill-fame.* 


Sec. 609. For any woman to be found in any saloon, barroom, 
cr dram shop; provided, this ordinance shall not apply to women 
who own or operate, or to the families of men who own or operate 
saloons, ,barrooms or dram shops, or to women who may be 


employed in the same or may be there on business.* 


See. 610. For all persons able of body to work, and not having 
estate or means otherwise to maintain themselves, who refuse 
to do so, and exercise no ordinary calling or lawful business to 
sain an honest livelihood, leading idle or dissolute lives, shall 
be deemed vagrants within the meaning of this ordinance. And 
every person who, after having been directed by any officer or 
member of the police force to move away therefrom, shall idly 
remain or loiter in front or in the neighborhood of any church 
or other place of public worship in said city, during the service 
therein, or while the members of its congregation are repairing 
to or returning from such church or other place of public 
worship; every person who, after having been directed by any 


member or officer of the police force to move away therefrom, 


4 Secticns 608 and 609 passed July 138, 1906. 


CITY ORDINANCES. 471 
MISDEMEANORS. 
shall idly remain or loiter in front of or in the neighborhood of Loitering in 


any theater, concert hall, ballroom or other public place of 
amusement in said city during the time that such place shall be 
or remain open to the public, or while the public are repairing 
thereto or returning therefrom; every person who, after having 
been directed by a member or officer of the police force to move 
away therefrom, shall idly remain or loiter in front of or in the 
neighborhood of any coffee-house, barroom or bar-saloon within 
the limits of said city; every person who shall, without legitimate 
business or purpose, idly remain or loiter on the sidewalks or 
public streets of said city between the hours of 10 a. m. and 11 
p.m., after having been notified to move away therefrom by any 
officer or member of the police force; every common prostitute 
wandering the public streets, or in any place of public resort, 
and behaving in a riotous, disorderly or indecent manner; every 
habitual drunkard, who shall abandon his or her family, or shall 
refuse or wilfully neglect to aid in the support of his or her 
family, shall be deemed a vagrant, drunken or disorderly person 


within the meaning of this ordinance.’ 


Sec. 611. To put up in any conspicuous place, within the limits 
of the city, any board, sign or advertisement of any patent 
medicine or other articles, which shall be of such a nature as to 
be indelicate or offensive to ladies passing on the streets or high- 
ways, and it is hereby made the duty of the police of the city 
to take down and remove all such advertisements found within 
the limits of the city, and to arrest all persons, to be dealt with 
as in the case of other misdemeanors, who may be found replac- 


ing them. 


Sec. 612. To inhumanly, unnecessarily or cruelly beat, injure, 
by whip or other instrument whatever, or otherwise abuse any 


dumb animal.” 


1 Section 610 passed March 22, 1888. 
2 See acts to prevent cruelty to animals, Acts of 1881, Chapter 149, page 231. 


public places. 


Offensive 
advertise- 
ments. 


Cruelty to 
animals. 


472 


CITY ORDINANCES. 


MISDEMEANORS. 


Overloading 
-animals. 


Wrunk in 
wublic place. 


Drunk and 
annoying. 


Obscene and 
disorderly 
language, 


Commit 
-assault. 


Abusive or 
insulting 
Janguage. 


Resisting or 
abusing 
Officer. 


Sec. 613. To overload any vehicle used as an instrument for 


the conveyance of property or persons in the city, and when 


any one is found so doing, it shall be the duty of the police, or 


any officer of that department, to notify such person or persons 
in charge to remove at once from off said vehicle so much of 
weight as, in their judgment, and according to the circumstances 
and situation, may be necessary to relieve the overburdened 
animal or animals attached thereto; and the refusal to comply 


shall be a misdemeanor. 


ARTICLE 37. 
OFFENSES AFFECTING PUBLIC PEACE AND QUIET. 
Sec. 614. It shall be deemed a misdemeanor to do, or cause 
to be done, any of the following acts; and any person convicted 


thereof shall be fined not less than $5 nor more than $50: 


Sec. 615. To be drunk or in a state of intoxication in any 


public place. 


Sec. 616. To be drunk in any private place, to the annoyance 


of others.’ 


Sec. 617. To use rude, boisterous, offensive, obscene or blas- 
phemous language in any public place, or to make, aid, counte- 
nance or assist in making any improper noise, disturbance, breach 
of the peace or diversion, or conduct one’s self in a disorderly 
manner, in any public place, or in any other place, to the annoy- 


ance of others. 


Sec. 618. To commit an assault, or an assault and battery. 

Sec. 619. To address any abusive or insulting language to 
another. 

Sec. 620. To use abusive language to any officer or member of 


the police force, or for any one to assault or commit a battery 


3 Section 616 amendment May 11, 1882. 


CITY ORDINANCES. 


473: 


MISDEMEANORS... 


upon any officer or member of the same, or to resist any officer 
or member of the same, or to escape from, or assist or aid in 
the escape of any one, from any officer or member of the 


same.* 


Sec. 621. To keep a disorderly house, by making, or causing 
to be made therein, loud or improper noises, or by collecting 
therein drunken, noisy, and disorderly persons, to the annoyance 


of others and the disturbance of the neighborhood. 


Sec. 622. To employ any device, noise, or performance tending 


to the collection of persons on the streets, or other public places, 


to the obstruction of the same, or to exhibit any tricks of legerde- 
main, or other devices of a like kind, or perform with bells, 
organs, or other instruments upon any of the streets, public 


squares or promenades. 


Sec. 628. To disturb or disquiet any congregation or assembly, 


met for religious or other lawful purpose, by making any noise, 
or by rude and indecent behavior, or: by boisterous or profane 


discourse within or near such place. 


Sec. 624. To wilfully give or make a false alarm of fire 


[through telephone or otherwise. ]* 


Sec. 625. To put up or repair any telephone, or to put up or 


repair any telephone wire or other wire which crosses or 
approaches as near as three feet to the wires of the Fire Depart- 


ment without first notifying the Chief of the Fire Department.’ 


Sec. 626. To interfere with the Fire Department alarm boxes, 


or telephones, or telephone wires.” 


4 Section 620 passed February 10, 1881. 
1 See Section 137 ante. In brackets added September 27, 1880. 


2 See Electric Wire Ordinance, Section 164 et al. ante. 


These two sections 
passed September 27, 1880. 


Disorderly 
house. 


Collecting 
crowds om 
streets. 


Disturbing 
religious 
worship. 


False fire 
alarm, 


Placing 
in 3 
Fire Dept. 
wires. 


wire 
feet of 


Interference 


with Fire 


Dept. boxes, 


etc. 


474 CITY ORDINANCES. 
MISDEMEANORS. 
Telephone Sec. 627. For any firm, corporation, or individual now, or 


poles to be of 


cedar, steel, 
ete. 


Interfere 
~with election. 


Burial in 
Winchester 
‘Cemetery. 


Enticing per- 
Sons to trade. 


Masked ball 
without 
permit.: 


Sale of sling 
shots. 


hereafter owning and operating a telephone, telegraph, electric 
light or electric power line, or any other company, in said City 
of Memphis, to put up, for the purpse of maintaining their wires, 


any post or pole other than chestnut, red cedar or steel.’ 


Sec. 628. To interrupt any election pending under any law oft 
this State or of the United States; or to make any disturbance 
for the purpose of interrupting such election; or to attempt to 
invalidate or prevent such an election by breaking up or removing 
or seizing upon the ballot-box; or to prevent or deter any voters, 
by any means, from voting; or to change or destroy any ballot 


put in the ballot-box.* 


Sec. 629. To bury any dead body in any portion of the grounds 
known as Winchester Cemetery. And it shall be the duty of the 
Chief of Police to cause the immediate removal of any dead body, 
and the reburial of the same in a proper manner in some estab- 
lished burial ground, or in such other place as he and the Mayor 


may designate for the purpose. 


Sec. 630. To entice or attempt to entice away from any busi- 
ness house any one trading therein or entering therein, or to 
enter into any business house, or stand on the street or side- 
walk in front of any business house, for the purpose of enticing 


any one therefrom.’ 


Sec. 631. For any person to give a masked ball in this city 
without having obtained a written permit for the same from the 


Mayor. 


Sec. 632. For any one to sell or give away to any minor or 
to any person, what is known as rubbers, for the purpose of mak- 


ing what 1s known as sling-shots, or any other material that can 


3 Section 627 passed February 24, 1905. 
4 Ante Section 6 Taxing District Act. 
5 Section 630 passed September 27, 1880. 


CITY ORDINANCES. 475 


REGULATING SPEED OF AUTOMOBILES.- 


be used for this purpose, or to sell or give away any sling-shot 
already made; or to have the same in stock or on hand for 


sale.*® 


Sec. 633. To smoke cigarettes, cigars or pipes, in any theater, mete in 
ud 


hall, public building, store, warehouse, factory, or on the premises buildings. 


of any establishment, public conveyance or rear platform of 
street cars, or anywhere that smoking is dangerous (provided 
that signs of a suitable size are posted in such places where 


they can be seen.)‘ 


ARTICLE 38. 


REGULATING THE RATE OF SPEED FOR HORSELESS VEHICLES OF 


ALL KINDS. 
Sec. 634. No horseless vehicle propelled by the use of elec- 8 and 12 


miles per 


tricity, gasoline or steam, by whatever name such vehicle may be pee oo ae 


= ‘ wards respec- 
known, whether used for purposes of pleasure or business, shall tively. r 


be moved or propelled along, over or upon any public street, 
avenue, boulevard or other public place, at the rate of speed 
exceeding eight miles per hour in the original eleven wards, 


and not to exceed twelve miles per hour in the annexed district. 


Sec. 635. All drivers or owners of such horseless vehicles lciecieeeen 
shall register with the City Register® their full name and resi- 
dence, together with a brief description of their vehicle; and said 
vehicle shall be provided by the owner thereof with a number 
which shall be conspicuously displayed upon the rear of the 
vehicle, so as to be plainly visible, the figures to be separate 
Arabic numerals not less than three inches high and the strokes 
not less than three-eighths of an inch in width. Numbers shall 


not be transferred from one vehicle to another; nor shall machine 


numbers be loaned from one person to another; nor shall fictitious 


6 Section 632 passed February 23, 1888. 
7 Section 633 passed December 8, 1904. 
8 Register with County Court Clerk. See Acts of 1905. 


476 CITY ORDINANCES. 


REGULATING SPEED OF AUTOMOBILES, 


numbers be used. Provided, however, that this séction shall not 
apply to non-residents of the City of Memphis, not remaining in 
the city a longer period than five days. 

at bell Sec. 636. All such horseless vehicles shall be provided with an 
alarm pell or horn, and shall carry a lighted lamp with registered 
numbers not less than seven-eighths of an inch high painted on 
same from half an hour after sunset until half an hour before 
sunrise. 


Po Wc Sec. 637. The driver or operator of any horseless vehicle shall 


fright. : : ; 
fe always stop the said vehicle whenever it causes horses to take 


fright, or whenever he is requested by the occupant of any vehicle 
propelled by animal power to stop until such other vehicle has 
passed. The driver or operator of said horseless vehicle shall 
be governed by the commonly accepted rules of the road, turning 
to the right hand side in meeting vehicles and teams and persons 
moving or headed in the direction opposite to that in which he 
is moving; and by turning to the left hand side in passing 
vehicles, teams and persons moving or headed in the same direc- 


tion in which he is moving. 


The driver or operator of any horseless vehicle shall never 

leave the vehicle without first having taken necessary precaution 

pO for preventing any accident and for subduing the noise of the 
motor, said motor not to be left running over five minutes after 

eben ae oe the vehicle has been stopped; and any one tampering with any 
vehicle described above—in the absence of its occupants while 

upon the highway—shall be immediately arrested for a breach 

Mufflers. of the peace and disorderly conduct. All gasoline motors shall 
have complete mufflers and no machine shall be operated in the 


eity limits with “cut out” valves open. 


x eee Sec. 688. That nothing herein contained shall be construed to 
rights of way. 


give to horseless vehicles any special right of way over any high- 


CITY ORDINANCES. 


477 


MISDEMEANORS. 


way, and that the mere sounding of any gong or alarm signal 
shall not in any way indicate any special privilege to the right 
of way, or any necessity for any other vehicles or pedestrians to 
yield their rights to the highway as existing under the com- 


mon law. 


Sec. 639. Any person violating any of the provisions of this 
ordinance shall be guilty of a misdemeanor and on corviction 


shall be subject to a fine of not less than $5 nor more than $100.7 


ARTICLE 39. 
OFFENSES AFFECTING PUBLIC SAFETY. 
Sec. 640. It shall be deemed a misdemeanor to do, or cause 
to be done, any of the following acts; and any person convicted 


thereof shali be fined not less than $1 nor more than $50: 


Sec. 641. To ride or drive with unnecessary or dangerous speed 
in the streets; to ride or drive any animal or animals at a 
pace dangerous to life or limb of pedestrians; or to ride or drive 
on any of the gutters or sidewalks of the city; or propel over or 


leave standing on the same any hand car or cart. 


Sec. 642. It shall be unlawful for any person or persons to 
drive any wagon, dray or other vehicle, whether loaded or 
unloaded, other than those used exclusively for passenger pur- 
_ poses, for more than one block at a time upon or over Main street 
between Beale avenue on the south and Poplar avenue on the 


north. 


This ordinance shall in no way affect the rights of the Memphis 
Street Railway Company to operate its construction and gravel 


cars over the said street and upon its line. 


1 Sections 6384 to 689 passed September 28, 1903. 
1 Section 642 passed June 15, 1907. 


Violation. 


Reckless 
driving, 


Regulating 
use of Main 
street from 
Beale to 
Poplar, 


478 CITY ORDINANCES. 


MISDEMEANORS. 


Leave horses Sec. 643. To leave teams, horses or mules attached to any 


unhitched. 
vehicle standing unhitched on any of the streets, or the public 
landing, without a competent person to take charge of the 
same. 

Intoxicated Sec. 644. To become intoxicated, or go to sleep while driving: 

or asleep 


while driving.or in charge of any vehicle on the streets or public landing of 


the city. 


Leave vehicle Sec. 645. To stop any vehicle, or leave the same standing 


on crossing. 
upon the crossings of the streets. 


Careless Sec. 646. To drive through the streets in so careless a manner 
driving. 
as to endanger the vehicles and property of others. 


Bicycle with- Sec. 647. For any person to use a bicycle on any street or 
out lantern. 


public grounds of the city after dark except upon condition of 


carrying thereon a lighted lantern of at least one candle power.’ 


Engine or Sec. 648. To run any engine or train of cars on any railroad 
cars faster 


ae eos running into the city, on which cars are propelled by steam, at a 


greater speed than six miles an hour within the limits of the 


ci. 


Fly kites, bal. Sec. 649. To fly kites, [balloon or balloons, without written 
loons, ete., 


without aaa permission of the Mayor],* throw missiles, discharge fireworks,. 
mission o 


Mayor. or do any act or make any noise likely to frighten horses or 
alarm or injure people, or impede the free passage of vehicles. 


or footmen along the streets. 


Discharge Sec. 650. To discharge any firearm within the city, unless in 
firearms. 
self-defense, or while executing some law. 


Uninsulated Sec. 651. For any person, firm or corporation to have, use or 

or dangerous é : ie é 5 

electric wires. maintain within the limits of the city, electric wires so charged 
v 


1 Section 647 passed July 28, 1891. 
2 See Post Section 670. 
3 In brackets passed May 11, 1882. 


CITY ORDINANCES. 


479 


MISDEMEANORS. 


with electricity as to be dangerous to the persons or property 
of the city. Every such wire shall be so insulated by the most 
approved methods as to render the same harmless to persons or 


property.* 


Sec. 652. For any telegraph, telephone or electric light wire to 
hereafter be left hanging so as to reach the ground or come so 
near thereto as to endanger persons or property within the city, 


by contact with the same.* 


Sec. 653. For any loose or dead wire to be hereafter left on 
or near public streets, alleys or grounds, so that persons, animals 
or vehicles may become entangled therewith or come in contact 


with the same.‘ 


Sec. 654. To carry concealed on or about the person any pistol, 
bowie-knife, dirk or other deadly weapon. [Or to carry any 
pistol, slung-shot, dangerous knife, or any other deadly weapon 
of like character at all or in any manner, except in self-defense 
or while executing some law, or to carry through the streets or 


other public place in the city any loaded gun. ]° 


Sec. 655. To leave open any cellar or vault door, or grating, 
on any sidewalk, or to suffer any sidewalk in front of one’s 
premises to become or continue so broken as to endanger life or 
limb; or permit any well, cistern, or other excavation to remain 
open and uncovered, to the danger of others; or to place any sign, 
shade tree or other thing, so as to obstruct the light from any 
public lamp. And all such obstructions now existing shall be at 
once removed by the parties responsible therefor, and if any one 
fails to remove any such obstruction within five days after notice 
by the police to do so, every one so offending shall be guilty of a 


misdemeanor. 


4 Sections 651, 652 and 653 passed October 18, 1888. 
5 In brackets passed May 5, 1881. 


Hanging 
electric wires. 


Dead electric 
wires. 


Concealed 
weapons. 


Dangerous 
sidewalks or 
obstructing 
city lights. 


480 


CITY ORDINANCES. 


MISDEMEANORS. 


Leave dan- 
gerous wall 
standing. 


Mischievous 
animal at 
large, 


Powder 
magazines, 
for storage 
and trans- 
portation— 
regulations. 


Penalty for 
concealing 
powder. 


Confiscation 
of concealed 
powder. 


Sec. 656. To leave standing any wall or building owned or 
under the control of any one, which shall be dangerous to passers- 


by, after twelve hours’ notice to remove the same. 


Sec. 657. To permit any dangerous or mischievous animal to 


run at large. 


Sec. 658. To violate any of the following provisions in relation 
to gunpowder and powder magazines: 

No powder magazines shall be erected or kept within the limits 
of the City of Memphis. 

No merchant or other person shall keep on hand or in his 
store, or on his premises, within the city, more than fifty pounds 
of gunpowder at any one time, and not exceeding twenty-five 
pounds over night, and this quantity shall be kept in a safe and 
secure box or canister completely closed. 

No. vehicle employed to carry powder about the city for sale 
or distribution shall carry more than ten kegs at a time; and 
said vehicle shall be so arranged as effectually to cover up the 
kegs, and to guard and protect the same from public view and 
from accidental fire. . 

No boat shall deliver at this port more than ten kegs of gun- 
powder at any one time, without permission of the Wharfmaster, 
and all gunpowder delivered from boats shall be delivered under 
the special superintendence of said officer, and according to his 
direction. 


And no person shall sell, or be allowed to sell, any 


gunpowder on board of or from any flatboat at this landing. 


Sec. 659. No person shall send to or deliver in the city any 
powder concealed in any box or barrel, or in any other manner, 
purporting to be any other article, under penalty of confiscation 
of the whole package, in addition to the fines imposed for viola- 


tions of the provisions of this chapter. 


Upon information given and sworn to before the Mayor, it is 


hereby made the duty of the Chief of Police to obtain a search 


CITY ORDINANCES. 


451 


MISDEMEANORS. 


warrant from the Mayor, and make examination of the premises 
named in the information, for powder, and if more powder be 
found therein than is allowed by these ordinances to be kept, 
the said gunpowder shall be confiscated to the use of the city, 


and the offender shall be fined as herein directed. 


Sec. 660. No powder manufactory shall be allowed to be 
erected or carried on within this city, or within one mile of 
the same, all such establishments and manufactories being de- 
clared nuisances. And if any such establishment shall be begun 
or carried on, or if any powder-house or magazine shall be erected 
and used without the special license aforesaid, on report and proof 
made to him, the Mayor shall order said nuisance to be abated 


immediately by the Chief of Police. 


Sec. 661. 


For any person to place any straw, dirt, chips, 
shells, swill, nails, iron, glass, fruit peelings, melon rinds, paper, 
shavings, rags, hair, whether offensive to health or not and 
whether it amounts to an obstruction or not, or to permit any 
such rubbish to be thrown by others, or to remain in front of 
one’s house or business place, in any improved or graded, or 


paved street, alley, or sidewalk of the city. 


Sec. 662. And the feeding of live stock in or on any of the 
streets, alleys or public grounds of the city is prohibited, unless 
such feeding be done with a muzzle, so that the food cannot be 


scattered or left upon the streets, sidewalk or public ground.' 


Sec. 663. For any person to permit any of the articles enumer- 
ated in the preceding section to remain or lie upon the side- 


walk in front of the premises occupied by him or her. 


Sec. 664. For any owner, occupant or agent of any property 


to allow grass, weeds, vegetation or other objectionable things to 


1 Section 662 passed January 7, 1897. 


Powder  fac- 
tory not al- 
lowed in city 
nor within 1 
mile of 
limits. 


Seattering 


trash or dirt. 


Weeding un- 
muzzled live 
stock in 
street. 


Trash or dirt 
on sidewalk, 


482 


CITY ORDINANCES. 


MISDEMEANORS. 


Wagons hav- 
ing signs to 
frighten 
horses. 


Hang signs 
over sidewalk. 


grow, or be, or remain on any lot or sidewalk to the annoyance 
or hurt of the public, punishable by a fine of not less than $1 or 
more than $50. . 
In case the owner, occupant or agent shall fail on five days’ 
notice to comply with this ordinance, or in case they cannot be 
found, then the Engineer may have the cleaning done at the 
expense of such owner, the amount thereof to be recovered by 


suit of the city in any court having jurisdiction.’ 


Sec. 665. To drive, or cause to be driven, any wagon or other 
vehicle about the streets of the city, with any transparency or 
sign calculated by its appearance to frighten horses, or be a 


source of annoyance to persons in the street. 


Sec. 666. For the occupant or owner of any building to have 


or erect any hanging or other sign or signs over the sidewalk of 


Baseball in 
city. 


Drive mules 
rapidly 
through city. 


Driving or 
permitting 
cattle on side- 
walk. 


any street in the city.’ 


Sec. 667. To play the game of baseball, or to throw balls in 
sport, on any street or alley or any other public place within the 
city, or to play the same in any lot or yard, to the annoyance 


of others.* 


Sec. 668. To drive through the streets of the city at a fast 
gait, any drove or droves of mules, horses, or cattle; and in 
driving mules, horses or cattle the person in charge of same 
shall be required to use Third or Front streets, as far as possible, 


in passing through the city. 


Sec. 669. It shall be a misdemeanor for any person or persons 
to ride or drive a horse, mule or any other stock, on any side- 
walk within the city. It shall be the duty of the owners of stock 


or cattle, as well as of their servants, not to drive such stock 


2 Section 664 passed October 8, 1908. 


3 Section 666 passed May 15, 1880. This section is amended by Electric Sign 
Ordinance. See post Section 767 passed November 5, 1903. 


4 Section 667 passed May 8, 1881. 


CITY ORDINANCES. 


483 


MISDEMEANORS. 


or cattle through any street of the city without having them 
under control, so as to prevent them from going on the sidewalks; 
and in case any cow, horse, mule or other stock driven through 
any street of the city shall go upon any sidewalk within the 
city, the servant or person driving them shall be guilty of a 
misdemeanor and punished by a fine of from $1 to $50 on 


conviction. 


Sec. 670. All railroads, whose trains of cars are drawn by 
steam engines, within the limits of this city, shall provide flag- 
men for each street such trains may cross; and these flagmen 
shall be kept constantly on duty at each street when such train 
crosses, and until the engine has crossed such street, waving a 
flag in daytime, and a red lighted lamp at night, to give warning 
io all of the approaching train; and the engineer on each of such 
trains shall keep the bell constantly ringing while his train is 
passing through the city, and shall not permit the whistle to be 
blown while passing through the city; and any and all persons 
or railroad companies offending against this ordinance shall, 
upon conviction before the Mayor, be fined not less than $1 nor 
more than $50 for each and every offense; and a failure to com- 
_ ply therewith, at each and every street crossing, shall be deemed 


a distinct and separate offense.* 


Sec. 671. All railroad safety gates now in use or hereafter 
constructed in the city shall be so counterbalanced, or otherwise 
arranged, that they cannot fall to a horizontal position by their 
Own weight. The use by any railroad company of safety gates 
not constructed in accordance with the above section, shall be 
deemed a misdemeanor, punishable by a fine of not less than $25 
nor more than $50; and the Chief of Police is ordered to have this 


ordinance rigidly enforced. 


4 Section 670 passed January 17, 1880; as to power to pass, see ante Section 3 
Taxing District Acts. 


1 Section 671 passed July 24, 1890. 


Flagman to 
be kept at 

each railroad 
crossing. 


Penalty for 
violation. 


Railroad 
gates—regula- 


tions 
ble to. 


applica- 


484 CITY ORDINANCES. 


MISDEMEANORS. 


vee Sec. 672. For any person to obstruct the passage of persons 
passage. to 
railway 


pene going to or from the cars of any railroad at any station or depot 


within the limits of the city by standing in the way or crowding 
upon, or in any other manner obstructing the free passage along 
or upon the platforms and ways leading to and from the depots 

Jumping on to the trains, or for any one except employes of the said roads, 

He to be found jumping upon, or attempting to jump upon, climbing 
upon, or attempting to climb upon or between the passenger or 
freight cars or engines of any railroad passing through any part 
of the city.’ 


Plank crossing Sec. 673. Every steam railroad, the track or tracks of which 

to be placed 

a cross a street of the city, shall be and is hereby required to lay 
ssing. 


and maintain a plank crossing at the street so crossed; such 
crossing to be of oak or other hard wood, not less than three 
inches thick, and to be laid within the rails, and two feet on 
each outside for the entire width from property line to property 
line of the crossed street, flush with the surface of the rails, 
and so as at all times to afford a good and safe crossing. Failure 
to comply with this section shall be and is hereby declared a mis- 
demeanor, and shall subject the offender to a fine of not less thav 


$1 nor more than $50.° 


ser lines Sec. 674. Dummy lines or railroads running into the city are 
—— The or. 


hereby forbidden to use, within the limits of the city, and for 


one mile outside thereof, any fuel except coke or anthracite coal.* 


Railroad ecul- Sec. 675. From and after the passage of this ordinance it 
verts and 


ee peas shall be unlawful for any railroad company having tracks or 


obtaining the right of way to lay tracks in the corporate limits 
of the city, to construct, alter or change, or to repair any wooden 


bridge, culvert or trestle, but, in all instances hereafter, bridges, 


2 Section 672 passed May 11, 1882. 
3 Passed August 6, 1891. 
4 Section 674 passed May 28, 1889. 


CITY ORDINANCES. 485 
MISDEMEANORS. 

culverts or trestles shall be constructed of stone or iron; and 

when any wooden bridge, culvert or-trestle needs repairs, it 

shall be torn away and one of stone or iron constructed in its 

stead. The plans in all instances to be submitted to and approved 

in writing by the City Engineer before any work shall be done 

on same. A violation of this section shall be a misdemeanor, 

and on conviction thereof the offender shall be fined not less 

than $1 nor more than $50 for each offense; and each and every 


day’s violation thereof shall constitute a separate and distinct 


offense, and punishable as for the first offense. 


Sec. 676. It shall be a misdemeanor to sound or blow the Sounding 
whistle con- 


whistle of any steam engine within the city limits, except when fea to stat- 
the same is sounded as required by the statute laws of Ten- 


nessee.* 


Sec. 677. No locomotives shall be allowed to be used within the a ai Bee 
city without being provided with extension front and double !°comotives. 
netting, said nettings being not less than four (4) meshes to the 
inch and with approved spark arresters; and that failure to pro- 
vide the same be declared a misdemeanor, punishable upon con- 


viction by a fine of not less than $1 nor more than $50." 


Sec. 678. No railroad company or locomotive engineer entering 
the city shall permit any steam locomotive while steam is up to 
stand within sixty feet of any street crossing other than reguiar 
depots, for a longer interval than five minutes. 

Any railroad company or locomotive engineer violating this 
ordinance shall be guilty of a misdemeanor and shall be fined 


not less than $2 nor more than $50 for each and every offense. 


Sec. 679. It shall be unlawful for any persons, firm or cor- 


poration to park railway cars within the city limits of the City 


5 Section 675 passed August 12, 1889. 
6 Section 676 passed June 19, 1890. 
7 Section 677 passed January 20, 1887. 


486 


CITY ORDINANCES. 


REGULATING SALE OF FRUIT, VEGETABLES, ETC. 


License 
required. 


of Memphis nearer than 150 feet to any grade crossing of any 
of the streets and alleys of the City of Memphis occupied with 
the tracks of any railway company in the City of Memphis. 
Any person, firm or corporation violating Section 679 of this 
digest shall be guilty of a misdemeanor, and upon conviction 
shall be fined not less than $1 nor more than $50 for each 


offense.® 


Sec. 680. That all persons, firms or corporations in the inner 
fire district of the City of Memphis, keeping samples of cotton 
on exhibit, shall be required to keep one chemical fire extin- 
guisher, of approved pattern, for every two thousand (2,000) feet 
of floor space occupied, or used, as a cotton sample room; which 
fire extinguisher shall be kept in good order and conveniently 
located for use in case of fire. 

That it shall be a misdemeanor for any person, firm or cor- 
poration to keep or maintain samples of cotton within the inner 
fire district, as set out in Section 680 of this digest, without 
keeping a chemical fire extinguisher of approved pattern, as ; 
therein provided. And upon conviction they shall be fined not 
less than $1 nor more than $50. Each day that this ordinance 


shall remain uncomplied with shall constitute a separate offense.’ 


ARTICLE 40. 


REGULATING THE LICENSE OF SALES OF FRUIT, VEGETABLES OF OTHER 
ARTICLE, TO BE MADE UPON THE STREETS AND ALLEYS OF 
THE CITY OF MEMPHIS, TENNESSEE. 
Sec. 681. That no person, firm or corporation (producers 
excepted) shall sell from wagon or otherwise on the streets or 
alleys of the City of Memphis any fruits, vegetables or other 


articles without first procuring a license to make such sales. 


8 Section 679 passed December 12, 1907. 
9 Section 680 passed March, 1909. 


CITY ORDINANCES. 


487 


REGULATING SALE OF FRUIT, VEGETABLES, ETC. 


Sec. 682. That license for making sales of fruits, vegetables 
or other articles on the streets or alleys of the City of Memphis 
shall not issue for a less period than one year, except in such 
cases where it shall be made to appear to the Mayor that the 
applicant is really a worthy object of charity and is actually 
unable to pay for such license. In such cases, upon recommenda- 
tion of the Mayor, license may be issued for a period not less than 


six months. 


Sec. 683. That each license to make sales of fruits, vegetables 
or other articles on the streets or alleys of the City of Memphis 


shall not in any way be assignable or transferable. 


Sec. 684. That each license issued, authorizing sales of fruits, 
vegetables or other articles, on the streets and alleys of the City 
of Memphis, shall contain the full name of the person, firm or 


corporation to whom it was issued. 


Sec. 685. That persons, firms or corporations securing license 
to make sales of fruits, vegetables or other articles on the streets 
and alleys of the City of Memphis, where conveyances are used, 
shall have the name of the owner painted in plain letters on each 
side of the conveyance from which sales are to be made, and 
the number of the license shall also appear on said conveyance. 
Salesmen in charge of said conveyance shall have said license 
at all times in his possession and shall exhibit same to any officer 
of the city demanding it. When sales are to be made by persons 
on foot, such salesman shall procure from the city a peddler’s 
license and badge, in which license the vocation, name and num- 
ber of badge shall appear; said license to be at all times in 
his possession, and shall be exhibited to any officer of the city 


demanding it. 


Sec. 686. That license to make sales of fruits, vegetables or 
other articles on the streets and alleys of the City of Memphis 


Shall be used alone upon the conveyance which has the number 


To issue for 
one year. 


Not transfer- 
able. 


To bear full 
name, 


Name of 

owner to be 
printed on 
vehicle, etc. 


Peddlers on 
foot. 


Number to be 
on wagon, 
etc. 


488 


CITY ORDINANCES. 


REGULATING SALE OF FRUIT, VEGETABLES, ETC. 


Crying wares 
forbidden. 


Measures to 
be inspected, 
ete. 


Not to locate 
at any one 
place. 


Violation. 


of the license upon it, or by the person making sales without 


conveyance, wearing a numbered badge. 


Sec. 687. That it shall hereafter be unlawful for any person, 
firm or corporation selling upon the streets and alleys of the 
City of Memphis, from wagons or otherwise, any fruits, vegetables 
or other articles, to advertise the articles he has for sale by 
ringing a bell, blowing a horn, halloaing or crying his wares, 


or by any other noisy mode of advertising them. 


Sec. 688. That it shall hereafter be unlawful for any person, 
firm or corporation making sales upon the streets and alleys of 
the City of Memphis of any fruits, vegetables or other articles 
to use any measure, liquid or dry, in making such sales, without 
first having had such measures inspected by the Inspector of 
Weights and Measures of the City of Memphis and his official 
approval of the correctness and accuracy of such measures 


branded upon same. 


Sec. 689. That all persons, firms or corporations making sales 
of fruit, vegetables or other articles upon the streets and alleys 
of the City of Memphis, from wagons or otherwise, shall not be 
allowed to locate themselves at any one place, nor shall they stop 
at any place any longer than is necessary to finish sales to such 


persons as are offering to buy. 


Sec. 690. That any person, firm or corporation convicted of 
violating any of the provisions of this ordinance shall be fined 
not less than ten ($10). dollars nor more than fifty ($50) dollars 


for each violation.' 


1 Sections 681: to 690, inclusive, passed November 21, 1907. 


CITY ORDINANCES. 


489 


MISDEMEANORS. 


ARTICLE 41. 
OFFENSES AFFECTING PUBLIC PROPERTY. 
Sec. 691. It shall be deemed a misdemeanor to do, or cause 
io be done, any of the following acts; and any person convicted 


thereof shall be fined not less than $1 nor more than $50: 


Sec. 692. To wilfully break down, destroy, injure or remove 
any tree not obnoxious to health, or otherwise injurious, or any 
of the boxes inclosing the same, on any street, public square or 


open court.* 


Sec. 693. To fasten or hitch any horse, or other animal, to 
any sign, lamp-post, awning-post, shade tree, or box inclosing 


such tree, or to any fence inclosing a public square. 


Sec. 694. To use water out of any public cistern, or cause 
it to be done, for any other purpose than the extinguishing of 
fires; or to throw into such cistern any substance whatever; 
or to injure or deface any part of such cistern, or the covers 


thereof. 


Sec. 695. To injure or deface any public building, public work, 
or public property; or to moor or to make fast to any barricade 


or railing of any street or public wharf. 


Sec. 696. To sink, altar or cut any street, alley or square; or 
remove from or deposit therein any dirt, rubbish or other 
material which may obstruct such street or alley, without per- 
mission from the Board of Fire and Police Commissioners, or 
Engineer; but any person, while erecting or repairing any build- 
ing fronting on any street or public way, may use so much of 
such street or public way as shall not exceed the front of the 
lot on which such building or repairs are to be made, and one- 


third of the width of such street or public way; provided, that the 


_2 By an ordinance passed July 23, 1885, the ‘“‘tree of heaven’’ is declared a 
nuisance and forbidden within the city limits. 


Destroying 
trees, 


Hlitching to 
tree or fence. 


Using: water 
from public 
cistern or de- 
facing same. 


Defacing 
public 
building. 


Obstruction of 
street or 
alley. 


Provision in 
case of 


building. 


490 CITY ORDINANCES. 


MISDEMEANORS. 


said dirt, rubbish or building material may, at any time, be 
removed by order of the Board of Fire and Police Commissioners, 
or Engineer, at the expense of the builder; [and provided, further, 
that the owner, builder, or contractor, be required during such 
erection or repairing as soon as the wall shall have reached the 
height of the first story, to extend over the sidewalk such shed 
or overhead protection, and whenever necessary to build such 
temporary sidewalks as will enable the general public safely to 
continue the use of such sidewalk, and the above granted right 
to use one-third of the street shall not include the right to inclose 
the same, or otherwise exclude the general public from the use 
thereof, except so far as may be reasonably necessary to the 


work to be done. |° 


Street not to Sec. 697. Hereafter it shall not be lawful for any person, co- 
be cut into or 


SEAN partnership or corporation to cut or dig into or in any manner 


sal obstruct, disturb or alter the surface of any street, alley or high- 


way of the city, except upon the permit of the Engineer of the 
city, approved by the Mayor; and if any person, co-partnership 
or corporation shall apply for such permit, and the same shall 
be refused, the applicant may, by petition, bring the matter before 
the next meeting of the Legislative Council, and the Council 
shall then determine whether the permit shall or shall not be 


granted.’ 


Obstruction of Sec. 698. To obstruct the streets or sidewalks with boxes, 
street by 


pore ee barrels, or any other thing, or any kind of obstruction whatso- 
on ales, 


a ever. Nor shall cotton in bales or otherwise be placed or stored 


on any street, alley or open lot within the city, but all cotton 
shall hereafter be stored or kept in warehouses or sheds in well- 
inclosed lots; but cotton may be turned out of warehouses or 


sheds for delivery in case of sale only, in front of the seller’s 


3 In brackets passed January 7, 1897. 
4 Section 697 passed June 17, 1886. 


CITY ORDINANCES. 


49] 


MISDEMEANORS. 


warehouse or shed only; but to be taken away between the hours 
of sunrise and sunset, the same to be placed and handled so as 
not to interfere with travel on the streets or sidewalks; and any 
cotton not taken away by sunset is to be returned to the shed or 
warehouse by the warehouseman or his agent or the seller, who 
will, each and all, be held responsible for any violation of this 


section.® 


Sec. 698. To sell at auction any description of stock, carriages, 
buggies, wagons, etc., upon any of the public streets, highways or 


thoroughfares, or upon the public landing. 


Sec. 699. To dig or lay the foundation of any house or struc- 
ture in front of any street, lane, alley or public Square, or erect 
any wall or fence fronting as aforesaid, without first applying 
to the Engineer, who shall lay off and mark out the true front 
line, grade and boundary of such street, lane, alley or public 


square. 


Sec. 700. To permit the sidewalks or gutters in front of one’s 
place of business or house to remain obstructed or in a filthy 
state, or to fail to clean the same after three hours’ notice from 
any police or other officer, or to permit coal or wood to remain on 
a paved sidewalk more than three hours; and occupants of all 
houses, dwellings or lots, and the owners of tenement-houses, 
where the occupants are irresponsible, shall be required to keep 
the sidewalks and gutters in front of his residence or place of 
business cleaned and swept three feet beyond the gutters; and 
such portion of street or streets must be cleaned at such times 


as to enable the street force to remove the accumulations.' 


5 Passed December 14, 1880. Also see Section 321 ante. 


1 City not liable in damages to a person injured by a failure to keep the 
street in repair. 16 Lea 531 (1886.) 


Conduct sale 
on street. 


Lay founda- 
tion on street 
line without 
marking by 
Engineer, 


Permitting 
gutters and 
sidewalks to 
be obstructed 
or filthy. 


492 


REGULATION 


Stop on far 
side of street. 


After sunset 
provided with 
signals. 


Not to stop 
on intersect- 
ing street. 


Must avoid 
accidents. 


Cars have 
right of way 
on tracks. 


Must run as 
often as pub- 
lic conven- 
ience requires. 


CITY ORDINANCES. 


OF STREET RAILWAYS. 
ARTICLE 42. 
REGULATION OF STREET RAILWAYS.* 
Sec. 701. Every person, co-partnership or corporation engaged 
in the business of transporting passengers by means of street 
cars within the limits of the city shall be subject to all the con- 


ditions, provisions and requirements of this ordinance. 


Sec. 702. When any car shall.stop at the intersection of streets 
to receive or leave passengers, it shall stop at the further side 
of the street, so as to leave the rear platform of the car partly 


over the crossing. 


Sec. 703. Cars after sunset shall be provided with signal 
lights. Cars on different routes shall be designated by a different 
color, to be adopted by the company for that route, and the signal 
light shall be of corresponding color, so as to designate the route 


to which the car belongs. 


Sec. 704. Except to prevent collisions or prevent danger to 
persons or vehicles in the street, no car shall be allowed to stop 


on or in front of any intersecting street. 


Sec. 705. Conductors and drivers of each car shall keep a 
vigilant lookout for all teams, carriages and persons on foot, 
and especially children, either on the track or moving toward it, 
and on the first appearance of danger to such teams or persons 
or other obstructions, the car shall be stopped in the shortest time 


and space possible. 


Sec. 706. Cars shall be primarily entitled to the right of way 
over the tracks, and any vehicle upon the track of such person 


or company shall turn out so as to leave the track unobstructed. 


Sec. 707. Cars shall run as often as the public convenience 


may require it, and shall be provided with all modern improve- 


* Ordinance passed July 17 and 24, 1886. 


CITY ORDINANCES. 


493 


REGULATION OF STREET RAILWAYS. 


ments for the comfort and convenience of passengers, and shall 
be run under such directions as the Legislative Council may from 


time to time prescribe. 


Sec. 708. Hereafter every street car shall be brought to a full 
stop before crossing any steam railroad within the city limits, 
and shall not proceed over the crossing till the conductor thereof 
shall have first walked ahead of the car upon the railroad track, 
and given the motorman a signal to proceed, which he shall not 
do till he has ascertained that such street car may cross without 


danger.” ‘ 


Sec. 709. Any conductor of any street car failing to perform 
the duties imposed upon him by this ordinance, and any motor- 
man who permits any street car in his charge to go upon any 
steam railroad crossing without a full performance by the con- 
ductor of the duties imposed by this ordinance upon him, shall 
be guilty of a misdemeanor, and shall, upon conviction, be fined 


not less than $1 nor more than $50.7 


Provided, That the street car company shall furnish proof that 
the employes had been notified to observe the provisions of the 
above ordinance, and in the event of its failure so to do, upon 
the prosecution of a conductor or motorman under this ordi- 
nance, such company shall itself be deemed guilty of a mis- 
demeanor and subject to a fine of not less than $1 nor more 


than $50? 


Sec. 710. Nothing in this ordinance shall be so construed as 
in any manner to interfere with the operations of the Fire De- 
partment of the city; but in all circumstances, in cases of fire, 
the use of the streets where the railroad tracks are laid shall be 
subordinate and subservient to the necessities of the Fire Depart- 


ment.? 


2 Passed October 5, 1893. 


> 


Must stop be- 
fore crossing 
steam rail- 
road. Con- 
ductor to ex- 
amine, 


Penalty for 
failure to ob- 
serve this or- 
dinance, 


Rights of 
street cars 
subordinate 
to Fire Dept. 


494 CITY ORDINANCES. 
REGULATION OF STREET RAILWAYS. 
Width of Sec. 711. No more than one street car track shall be laid on 


street required 


for double 
and single 
tracks. 


Streets—how 
to be appro- 
priated by 
street car 
company. 


any street or highway of the city of the width of thirty-six feet, 
or less, from curb to curb; two tracks may be laid upon streets 
of greater width than thirty-six feet from curb to curb. But 
neither one or two tracks shall be hereafter laid on any street 
except in the manner indicated in, and upon compliance with, the 


terms of this ordinance.® 


Sec. 712. No street or highway of the city shall hereafter be 
occupied, taken or appropriated for the use of the street car com- 
panies, or either of them, except in the manner herein prescribed, 


that is to say:? 


When either of said companies desire to occupy any street or 
highway with its track or tracks, such company shall first apply 
tc the Engineer of the city for the grade of the street or streets 
so to be occupied, and shall also apply to such Engineer for 
detailed specifications of the manner in which the track or tracks 
shall be laid, the pavement of the street to be taken up and 
replaced or rebuilt, and such other details in respect of the 
reanner of constructing the track and reconstruction of the pave- 
ment as may assure the construction of said track or tracks on 
the most approved plan, and the reconstruction of the pavement 
of the street in such manner that the same may be as durable, 
useful and valuable as before the occupancy of the street by the 


street car company.?® 


Sec. 713. Upon such application being made it shall be the 
duty of the Engineer to fix the grade and prepare all specifications 
aforesaid, with reasonable dispatch, and submit the same to the 
next meeting of the Legislative Council thereafter, and thereupon 
the grade and specifications aforesaid, if approved by the Legisla- 


tive Council, shall be furnished to said company, and no track 


3 Passed October 5, 1898. 


CITY ORDINANCES. 


495 


REGULATION OF STREET RAILWAYS. 


or tracks shall be laid or commenced to be laid except in con- 
formity therewith; and the pavement of such street or highway 
shall be rebuilt or reconstructed in accordance with such specifi- 
cations, and under the supervision and direction of the City 


Engineer.* 


Sec. 714. It shall be the duty of the Mayor to see that con- 
formity to the grades and specifications and other provisions of 


this ordinance are complied with by said company.’ 


Sec. 715. No street car track shall be hereafter laid except 
with the Johnson rail, weighing not less than thirty-eight pounds 
to the lineal yard, or some other steel rail of that weight accepted 
by the City Engineer as being equally as good,-such rail to be 
laid on steel chairs not less than six inches in height, resting 
on white oak or heart cedar cross ties, seven feet in length, six 
by seven inches in size, laid five feet apart from center to center 
on a fine broken stone foundation, six inches or more in depth, 
the top of the rail to be, and to be at all times kept as nearly 
as practicable, flush with the surface of the street. All rails to 
be laid with steel fish-plates and wrought iron or steel bolts, all 


of approved section. 


Sec. 716. Whenever, by authority of the proper city officers, 
the carriageway of any street or highway, upon which one or 
more railway tracks are laid, is to be paved, or if already paved 
is to be repaved or reconstructed with the same or any other 
kind of pavement, the Mayor shall notify the railroad company 
whose track is laid upon such street to pave the carriageway, 
if it be a then unpaved street, within the rails of such track or 
tracks, in the same manner, with like materials and concurrently 
with the work of the city, under the general supervision and 


direction of the City Engineer; and if the street is already paved, 


4 Passed October 5, 1893. 


Mayor to see 
that ordi- 
nance is ob- 
served. 


Provisions as 
to rails, ties, 
etc. 


Provisions as 
to paving. 


496 CITY ORDINANCES. 


REGULATION OF STREET RAILWAYS. 


and the city be rebuilding or reconstructing the pavement, the 
Mayor shall notify said company thereof, and shall require it to 
reconstruct such pavement in the same manner, and at the same 
time, and with like material as that used in the work of repaving, 
reconstructing or rebuilding by the city within the rails and for 


two feet on each side thereof.t 


But nothing in this section shall be so construed as to release 
either of said companies from any obligation to grade, regrade, 
pave, repave, reconstruct or repair the roadway within and two 
feet outside of its tracks, as the same now exists by the charters 
of the companies, or any contract or contracts heretofore entered 


into between them, respectively, and the City of Memphis.* 


Tracks not to sec. 717. No street car track or tracks shall be hereafter laid 
be laid on ad- 


ee Pe on any street, if the next street parallel thereto, or any part 
c streets. 
thereof, is already occupied by a track or tracks, whether such 


track or tracks be used by steam or street railway.* 


Tracks on un- Sec. 718. Any street car track to be hereafter laid on any 

sates eran unpaved street shall be constructed with the rail and in the 
manner above stated in Section 716 of this ordinance, and the 
roadbed in such case within the rails and for one foot outside 
thereof shall be laid by such company with heart white oak or 
post oak plank, not less than four inches in thickness, under the 
supervision and direction of the City Engineer.’ | 

Notice to Bes mmecw(49.- WV hen ache city shall hereafter desire to pave any 

given to com- 


pany by city street or highway, now unpaved, it shall give notice of such pur- 
of intention 


Boe pose to the street car companies, and require them, respectively, 
within ten days after the receipt of such notice, to elect whether 
or not they or either of them will lay their track or tracks upon 


such street. An election not to do so shall preclude the com- 


1 Passed October 5, 1893. 


CITY ORDINANCES. 


497 


REGULATION OF STREET RAILWAYS. 


pany so electing from the right to lay their track or tracks on 
such street or highway after it shall have been paved, except by 
consent of and upon reasonable terms to be imposed by the 
Legislative Council. In the event of an election to lay their 
track or tracks on such street, the same shall be laid concur- 
rently with the work of paving the street by the city. The paving 
of the roadway between the rails shall be done by such company 
in the same manner and with like material adopted by the city, 
under the supervision and direction of the City Engineer. In 
ihe event that both of the now organized companies, or. any 
company hereafter organized, shall elect to lay such track or 
tracks, the matter shall be referred to the Legislative Council, 
which shall determine to which of said companies the right shall 
be awarded, or whether it shall be given to them concurrently 
and jointly, upon terms to be prescribed by such Legislative 


‘Council.’ 


Sec. 720. Whenever either of such street car companies shall 
hereafter desire to lay their track or tracks upon any street or 
highway within the limits of the city, and shall apply for the 
grade and specifications, as provided in Section 705 of this ordi- 
nance, it shall be the duty of the City Engineer, after fixing the 
grade and preparing the specifications, to suggest to the Legis- 
lative Council whether or not the same terminus or termini may 
be reached with equal or greater convenience to the public by a 
different route than that applied for by the company, and there- 
upon the Legislative Council shall have power, if in its opinion 
the public interests and convenience so require, to designate 
another route or other routes by which the same territory may 
be substantially reached and the same public interests served by 


the street car company.® 


3 Passed October 5, 1893. 


City may des 
ignate route 
to be used for 
reaching given 
point. 


498 CITY ORDINANCES. 


REGULATION OF STREET RAILWAYS. 


fake ts, ver Sec. 721. No street car company shall be permitted to [lay,] 

BULEEt. use or maintain any track, whether such track be already laid 
or not, unless the same be so laid [and maintained] that the sur- 
face of the rail [be laid and at all times be Kept] as nearly as 
practicable flush with the surface of the street, and so as in the 
least [practicable] degree to impede the crossing thereof, in any 
direction, by public travel over the same, [or the use of the high- 
way by the general public].t. And it shall be the duty of every 
officer of the police force to report to the Mayor any failure to. 
comply with the provisions of this section, or any other section of 
this ordinance; and thereupon it shall be the duty of the Mayor 
to give notice to the company constructing or maintaining such 
track to conform the same to the requirements of this ordinance. 
If such company shall fail, after the lapse of five days from 
the service of such notice, to commence, and with reasonable 
dispatch prosecute, the work of conforming its tracks to the 
requirements of this section, the Mayor shall have power, and 
it shall be his duty, to stop said work, and to remove such 
tracks at the cost and expense of such company, and to conform 
the surface of the carriageway to the public convenience. And it 
shall be the duty of the Mayor to enforce the provisions and. 
requirements of this ordinance. 

Street car Sec. 722. Whenever either of the street car companies shall 


company must 


here vane, suey apply for the grade of a street or highway, with a view to lay a 


tire roadway 


ERS street car track or tracks thereon, as herein provided, and a grade. 


cther than the then existing grade shall be furnished by the: 
Engineer of the city, and adopted, said street car company shall. 
be required, at its own expense, to conform the grade of the: 
entire roadway from curb to curb to the grade fixed by the: 


Engineer for the roadway within its tracks, the grade of the 


1 In brackets passed May 9, 1889, balance passed October 5, 1893. 


CITY ORDINANCES. 


499 


REGULATION OF STREET RAILWAYS. 


entire roadway to be fixed by the Engineer and furnished the 


said company in the manner hereinbefore provided." 


Sec. 723. Nothing in this ordinance contained shall be so 
construed as to prevent the city, so far as it now has lawful 
power and right to do, to forbid and prevent the laying or 
maintaining of a street car track or tracks on any street or high- 
way upon which, in the judgment of the Legislative Council, the 
public interests and convenience require that no track or only one 


track shall be laid.’ 


Sec. 724. If more than one street car company shall hereafter 
apply for or propose to lay a track or tracks on the same street 
or streets, the Legislative Council shall, if in its judgment the 
public interests and convenience require or call for the laying 
of such track or tracks, determine to which company the right 
shall be awarded or permit issued, such determination to be 


made so as best to subserve the public interests.’ 


Sec. 725. It shall be a misdemeanor to violate or fail to comply 
with the provisions of the foregoing, punishable by a fine of not 


-™more than $50.” 


Sec. 726. That all street cars propelled by electricity or other 
power shai be brought to a full stop before passing another car, 
which has been brought to a stop for the purpose of taking on or 


putting off passengers.’ 


Sec. 727. At no point within the city limits shall they run at 
All cars shall 


be brought to a full stop before crossing any street car track or 


a greater speed than fifteen (15) miles per hour. 


other railroad track.® 


2 Passed October 5, 1893. 
3 Sections 727 and 728 passed February 25, 1892. 


Council may 
forbid the 
laying of 
track on 
street. 


Council shall 
determine 
which of two 
or more com- 
panies shall 
appropriate 
street. 


Penalty for 
violation. 


Car passing 
another car 
shall stop. 


Limit of 
speed. 


500 CITY ORDINANCES. 


REGULATION OF STEAM AND STREET RAILWAYS. 


ae for Sec. 728. That any corporation or person violating the pro- 
violation. . ’ 
visions of this ordinance shall be deemed guilty of a misdemeanor, 
and, on conviction, be fined not less than one ($1) dollar nor 


more than fifty ($50) dollars.* 


ARTICLE 43. 
CONTRACTS WITH STEAM AND STREET RAILROADS, 
Contracts Sec. 729. Each and every contract between any steam or street 


with compa- 


bk et railroad company and the city, under which such company 
e€c GA Ge ke : 


Ear ak occupies with its tracks any street or parts of streets within said 


city, or operates steam or street cars thereover, shall, in addition 
to being a contract between the parties, be deemed also an ordi- 
ee: with the same effect as if the city had granted or con- | 
sented to such use and occupancy, by an ordinance wherein was 
embodied all the terms and provisions and conditions of such 
contract, and that any breach of such contract on the part of 
such company shall be a misdemeanor, and shall subject the 
offender to arrest and, upon conviction, to a fine of not less 


than one ($1) nor more than fifty ($50) dollars. 


Failure to Sec. 730. That failure of any steam or street car company to 
maintain 

tracks Of eta hay. or maintain its tracks, or to lay, relay, repair or maintain . 
ing on strects \ 


Susie ihe paving of the streets, or parts of the streets occupied by it, 
in the manner, to the extent, and within the time prescribed by 
such contract, is hereby declared a nuisance and a misdemeanor, 
and shall subject the offender to arrest, and, upon conviction, to 
a fine of not less than one ($1) dollar nor more than fifty ($50) 
dollars. Every day’s failure shall be a separate offense, and 
punished accordingly, which shall apply to this entire ordinance. 

Failure to Sec. 731. That whenever the surface of any street shall be dis- 

pave, repave, — 

an turbed by any steam or street railroad company, and there shall 

street. 


be a contract there existing showing the obligations of such 


3 Sections 727 and 728 passed February 25, 1892. 


CITY ORDINANCES. 


MISDEMEANORS, 


company, in respect of the paving, repaving, repairing or main- 
taining the paving of such streets, either within or without the 
tracks of such company, and said company shall fail to comply 
with and perform such work in every particular, such failure 
shall be considered and treated as if the use and the occupancy 
of said street had been in the first instance unauthorized and 
unlawful, and as a nuisance, subjecting the offender to arrest, 
and, upon conviction, to a fine of not less than $1 nor more than 
$50. Each day’s breach of such contract to constitute a separate 


offense, and to be punishable accordingly. 


Sec. 732. That the grade of streets, the manner of work, 
material used and the erection of poles, shall all be under the 
supervision of the City Engineer, and done according to his 
specifications and directions, and any conflict between him and 
the railroad company shall be adjusted by the City Council, 


which shall be final. 


See. 733. That this ordinance shall, in all respects, apply 
to the officers, agents and employes of such company as well as to 


the companies themselves. * and * 


ARTICLE 44. 
NUISANCES. 
Sec. 734. It shall be deemed a misdemeanor to do, or cause 
to be done, any of the following acts, and any person convicted 


thereof shall be fined not less than $5 nor more than $50: 


Sec. 735. To build, construct or keep a slaughter pen or 


house within the city, or within one mile thereof. 


Sec. 736. To cause, create or permit, within the city, or within 
one mile thereof, any nuisance on one’s premises; and each day 
such nuisance is permitted to remain shall constitute a separate 


offense. 


1 and 2 Article 43 passed December 10, 1890. See Citizen’s Street Railroad Con- 
tract (Watkins’ Digest). 


501 


NUISANCES. 


Work on 
streets under 
supervision of 
Mngineer, 


Ordinance 
applies to 
ciployves. 


Slaughter 
pens. 


Cause, create 
or permit 
nuisance. 


502 


CITY ORDINANCES. 


MISDEMEANORS, NUISANCES. 


‘Careass in 
public place. 


Noxious sub- 
‘stance in 
street. 


Seatter dirt 
from cart. 


“Throw water 
or other sub- 
stance from 
window. 


Unmuzzled 
dogs. 


(Obstruction of 


public 
grounds or 
highways. 


Sec. 737. To throw or put into any street or public place any 
dead animal, or fail to remove and bury, without the city limits, 


the carcass of any dead animal owned or controlled by any one. 


Sec. 738. To throw into the street or other public place any 
filth or noxious substance, or to permit the same to flow from 
one’s premises into any street or public place, or on the prop- 


erty of others.’ 


Sec. 739. To haul dirt through the streets, in carts, without 
sufficient tailboards to prevent it from falling out upon the 


streets. 


Sec. 740. For any person or corporation to carry or haul 
through the streets of the city dirt, sand or any other like sub- 


stance, except in close or tight vehicles.’ 


Sec. 741. To throw any water or other substance from the 
windows of any house into the street or public places, or on the 
premises of others, or upon the top or roof of any house what- 


soever. 


Sec. 741. To permit any dog to run at large, unless so muz- 
zlied as to prevent his biting, during the months of May, June, 


July, August and September.* 


Sec. 742. To place, or cause to be placed, any manner of 
buildings, erections, depositories or other obstructions, with any 
sort of permanency, for private use, benefit or profit upon any 
part or portion of the public grounds, thoroughfares or passways 
of the city, without permission of the Fire and Police Commis- 


sioners and Board of Public Works. 


1 Code, Section 4854. So, also the causing or suffering any offal, filth or noi- 
some substance to be collected or remain in any place to the prejudice of others; 
and the corrupting or rendering unwholesome or impure, the water of any river, 
stream or pond are nuisances, and by post Section 763 are misdemeanors under 
these ordinances. 

2 Section 740 passed August 6, 1907. 


3 See ‘‘Dog Ordinance,’’ passed June 7, 1906. Section 1412 post. 


CITY ORDINANCES. 


503. 


MISDEMEANORS, NUISANCES. 


Sec. 743. That every owner, tenant, lessee and occupant of 
any building or lot (whether vacant or occupied) within the 
Taxing District shall keep and cause to be kept, the sidewalks 
fand curbstones]‘* in front thereof in good repair and condition, 
and that every such person shall keep and cause every such 
sidewalk to be kept free from obstructions, and also free from 
any incumbrance and all substances of every kind. [It shall 
be deemed a misdemeanor for any one to rent to another any 
portion of the sidewalks of the streets of the Taxing District, 
for the purpose of selling fruit, vegetables or any class of mer- 
chandise thereon. Any person convicted thereof shall be fined 


not less than $5 nor more than $50.]° 


Sec. 7438a. Whenever any sidewalk needs repairing or relay- 
ing with the same material, the police are required to give writ- 
ten notice to the owner or occupant in front of whose prop- 
erty the said sidewalk runs, to repair the same within not ex- 
ceeding ten days from the date of said notice, and the police- 
man serving the notice shall preserve in a stubbook the date 
of the notice, and a note of his service of the same; and any one 
failing to comply with the same shall be guilty of a misdemeanor; 


and all ordinances inconsistent herewith are repealed.® 


Sec. 744. It shall be a misdemeanor for any persons, individ- 
ually or through others, to construct, erect, alter or repair any 
house connection without first obtaining a permit from the City 
Engineer or his authorized assistants, and all persons guilty 
thereof shall be fined not less than $1 nor more than $50; and 
any house connection found hereafter to have been constructed, 
erected, altered or repaired in violation of the ordinances, rules 


and regulations of the city, in such manner as shall be deemed 


4 City to lay curbstones. See Article 26 ante. 
5 In brackets passed June 19, 1890. See Section 486 ante. 


6 Section 748a passed March 21, 1882. See Sidewalk Ordinance, Section 486 et 
al. arte. 


Sidewalk kept. 
in repair. 


Sidewalk not 
to be rented. 


Violation of 
sidewalk ordi- 
nance. 


Constructing 
or repairing 
house without 
permit. 


504 


CITY ORDINANCES. 


MISDEMEANORS, NUISANCES. 


‘Smoke from 
factories, ete. 


‘Same. 


‘Special duty 
-of Fire and 
Police Depts. 
to prevent 
violation of 
smoke nui- 
sance, 


‘Open lots to 
be inclosed on 
order of Bd. 
eof Health. 


detrimental to health, then and in that case the person or 
persons, owners or agents so offending shall be guilty of a mis- 
demeanor, and shall be fined not less than $1 nor more than $50; 
and each day’s continuance of the same, after notes to remedy 


same, shall constitute a separate and distinct offense." 


See. 745. The emission of dense smoke, made by the burning 
of coal or other fuel, from the smokestack of any boat or loco- 
motive, or from any chimney anywhere within the city, or within 
one mile of the city limits, shall be deemed, and is hereby de- 
eclared to be a public nuisance and a misdemeanor; provided 
that chimneys of buildings used exclusively as residences shall 


not be considered within the provisions of this ordinance.” 


Sec. 746. The owner or owners of any boat or locomotive, and 
the person or persons employed as engineer or theres in the 
working of the engine or engines in said boat, or in operating 
such locomotives, and the proprietor, lessee or occupant of any 
building who shall allow dense smoke, made by the burning 
of coal or other fuel, to issue or be emitted from the smokestack 
from any such boat or locomotive, or the chimney of any build- 
ing, within the limits aforesaid, shall be deemed and held guilty 
of creating a nuisance, and shall for every offense .be fined not 


less than $1 nor more than $50. 


Sec. 747. That it be and is hereby made the special duty of 


the Chiefs of the Police and Fire Departments to see to the 


enforcement of this ordinance, and to cause the arrest and 


prosecution of any person guilty of violating the same.’ 


Sec. 748. In order to prevent the nuisances that are now fre- 
quently committed on vacant and open lots within the city, the 


Board of Health is hereby authorized to designate such open lots 


1 Section 744 passed May 29, 1884. 
2 Sections 745 and 746 passed February 24, 1896. 
1 Section 745, 746 and 747 passed February 24, 1896. 


CITY ORDINANCES. 


505: 


MISDEMEANORS, MISCELLANEOUS... 


as ought to be inclosed, and to determine the character of fence 
with which the same should be inclose?. nd that upon notice 
from the Board of Health of the designation of a now open lot 
to be inclosed, and of the character of the inclosure, the owner 
shall, with all reasonable dispatch, proceed to inclose the same 


as directed by said Board. 


Sec. 749. To lay down any new water or gas pipes within the 
limits of the city less than at least three feet below the base 
of the sidewalks, and the Engineer shall furnish a certificate 
of the grade; and no pipes shall be put down under the pave- 
ment or roadbed, except when necessary to connect with pipes 


already laid. 


See. 750. Violation of or failure to comply with this ordinance 
shall be a misdemeanor and subject the offender, upon conviction, 


to a fine of not less than $1 nor more than $50." 


ARTICLE 45. 
MISCELLANEOUS. 

Sec. 751. It shall be deemed a misdemeanor to do, or cause 
to be done, any of the following acts; and any person convicted 
thereof shall be fined not less than $5 nor more than $50: 

To be found prowling about the property of others, without 


being able to give a good account of one’s self. 


Sec. 752. To enter into the house or place of business or upon 


the premises of another, for any unlawful purpose. 


Sec. 753. To sell or dispose of, or to offer to sell or dispose 
of, any impure, unwholesome, adulterated or diluted milk, within 


the limits of the city. 


2 Section 748 passed April 4, 1895. 
3 Passed April 4, 1895. 


Gas pipes at 
depth of 3 feet 
below  side- 
walk. 


Penalty for 
violation. 


Prowling. 


Ientering 
house for 
unlawful 
purpose. 


Selling im- 
pure milk. 


506 CITY ORDINANCES. 


MISDEMEANORS, MISCELLANEOUS. 


‘Tampering Sec. 754. To tamper with any water or fire plug, water-valve, 
with water 


plugs, ete. stopcock, or other appurtenances and appliances of the water- 


works, unless authorized by the Legislative Council, or the own- 
ers of the waterworks; but this subsection is not to apply to 


the Fire Department of the city. 


Contractor to Sec. 755. For any contractor or other person to use any water 
use public 


water supply from the public supply of the City of Memphis for any purpose, 
‘without per- 


7 unless it be through a meter, until the same has been paid for 


in advance, and a permit allowing the use of same shall have been 


issued from the office of the Water Department.’ 


Permit to re- Sec. 756. Any contractor or other person applying to the 
main at loca- 


sey water is Water Department for a permit shall furnish the exact number 
or location of the place at which water is to be used, and shall 
state fully the purpose for which water is to be used; and that 
the permit, when issued, shall remain on the place on job speci- 
fied during the whole time that water is to be used, and that it 
shall be shown to any inspector of the Water Department at 


any and all times it may be demanded by any such inspector.* 


noe ee Sec. 756a. No street railroad company shall be permitted to 
r n 


pis lay down more than one railroad track on any street in the city.’ 


Gas pipes at Sec. 7560. ‘To lay down any new water or gas pipes within 
depth of 3 feet 


‘below side- 


alle: the limits of the city less than at least three feet below the base 


of the sidewalks, and the Engineer shall furnish a certificate 
of the grade; and no pipes shall be put down under the pavement 
or roadbed, except when necessary to connect with pipes already 
laid. 
‘Trees in lwo Sec. 757. It shall be unlawful for any owner or tenant of 
coer Be any property abutting on any street or alley within the city, to 


permit any tree upon said property, or any tree growing upon 


4 Sections 755 and 756 passed July 6, 1905. 
5 Sections 756a and 756b passed April 21, 1880. 


CITY ORDINANCES. 


507 


MISDEMEANORS, MISCELLANEOUS- 


the sidewalk or in the alley in front of or along the side of 
such property, to come in contact with any of the fire or police 
wires belonging to the city, and any person who shall permit 
such trees or limbs of any tree to come in contact with such 
wires, or extend within two feet thereof, shall be guilty of a 
misdemeanor, and shall be fined not less than $2 nor more than 
$50 for each offense, and each day that such wire shall be main- 
tained contrary to the provision of this ordinance shall consti- 


tute a separate offense.°® 


Sec. 758. The City Electrician is hereby authorized and em- 
powered to cut and clear away the limb of any tree which shall 
come in contact with the city fire or police wires, or which 


shall grow in dangerous proximity thereto.® 


Sec. 759. All water and gas companies’ connection pipes, from 
their mains in the streets and alleys of the city to the connection 
with buildings, shall be of lead or galvanized iron, and no plain, 
wrought or cast-iron pipes shall be permitted to be used here- 
after; and whenever, hereafter, a street is to be paved the gas 
and water companies are required to put in house connection 
pipes every twenty-five feet, to prevent the taking up of the 


streets after they shall have been paved‘ 


Sec. 760. Every one engaged in the pawnbroker’s business 
in the city shall keep a well bound book, and in a legible hand- 
writing a particular, minute and detailed description of each 
article pawned. Also the name, color and residence of the 
pawner, which book shall be indexed and the pawnee (the said 
pawnbroker) shall give the pawner a receipt corresponding with 
the description in the said book or register, and said pawn- 


broker shall keep such book or register open at all times to 


6 Sections 757 and 758 passed March 1, 1902. 
7 Sections 759 passed December 11, 1885. 


City Electri- 
cian to cut. 


Only lead or 
galvanized 
iron water 
and gas 
pipes. 


Pipes every 25 
feet when 
streets are to 
be paved. 


Pawnbrok- 
ers’ records. 


508 


CITY ORDINANCES. 


MISDEMEANORS, MISCELLANEOUS. 


Property 
pawned to be 
kept 24 hours. 


Second-hand 
dealers not to 
purchase 

from minors. 


Reeord to be 
kept by see- 
ond-hand 
dealers. 


the inspection of the police. [Every person so engaged in the 
pawnbroker’s business shall prepare and deliver to the Chief of 
Police every day before the hour of nine o’clock a. m., a legible 
and correct copy from such registry, of the description of all 
property, bonds, notes or other securities received on deposit or 
purchased during the preceding day, with the nate of each party 
making a deposit or pledge, together with the description of 
the person by whom left in pledge, or from whom the same was 
purchased. No bond, note, security or personal property of any 
kind received on deposit, purchased or pledged by any such 
pawnbroker shall be sold or permitted to be redeemed or removed 
from the place of business of such pawnbroker for the space 
of twenty-four hours -after the copy and statement provided ' 
for in this ordinance has been delivered.]t And a failure to do 
and perform all or any of the things required shall be a mis- 


demeanor.” 


Sec. 761. For any junk dealer, or other vendor of second-hand 
commodities, or any person acting as agent for such, to pur- 
chase any article or commodity, other than rags and paper, from 
a minor, without the written consent of the parent or guardian 
of the minor, and all purchases of goods, wares, merchandise, 
other than those mentioned in this section, made by the pro- 
prietors of junk stores, or their agents, in the city, must be en- 
tered on ri book kept for that purpose, designating the article 
and date of purchase, the name of the party selling, together 
with his or her residence. This book shall be correctly kept, 
and subject to inspection whenever it may be deemed necessary ~ 
by any member of the police force. Failing to keep such a reg- 


ister shall be a violation of this subsection.’ 


‘1 In brackets passed April 23, 1891. 
2 Section 760 passed April 28, 1881, and amended as in brackets. 
3 Section 761 was Section 10 of Article 42, Watkins’ Digest, 1902. 


CITY ORDINANCES. 


509 


MISDEMEANORS, MISCELLANEOUS. 


To steal, or attempt to steal, a ride upon any street 
car or omnibus upon any of the streets of this city, by sitting, 
standing or hanging on or about the steps or any other part 
of any such car or omnibus; or to play upon or near the track 
or tracks of any such street railroad, or to put obstruction on 


the same.* 


To do, or cause to be done, in this city, any act or 
acts which, by the laws of Tennessee, are holden to be a mis- 
demeanor, shall be deemed misdemeanors under these ordi- 
nances; and all offenses against, or violations or infractions of, 
any ordinance of this city, which have been, or may hereafter 
be, defined to be a misdemeanor, as-provided in the act of 1879, 
Chapter 2, establishing this city, or the acts amendatory thereto, 
are and shall be deemed misdemeanors, as well as all acts pro- 


bibited by ordinance of said city, now or hereafter passed. 


Sec. 764. It shall be a misdemeanor, punishable by a fine of 


not less than $1 nor more than $50, for the owner or person in 
charge of any horses, mules, cows, cattle, swine, sheep, goats 


or geese, to permit them or any of them to run at large in any 


street, alley, public square or public place in the city, including 


the Ninth and Tenth Wards. The Chief of Police will cause 
any of said animals so running at large to be taken up and put 
in the pound, which shall be and is hereby established wherever 
the Mayor and the Chief of Police may select within the city. 
For the purpose of taking up such animals running at large the 


Mayor and Chief of Police may, in behalf of the city, employ 


one or more persons, the number to be fixed according to their 
judgment, whose compensation shall not be more than $65 per 
month.° 

4 Section 762 passed August 20, 1880. 

5 Section 764 passed April 1, 1886. (See Section 247.) (The salary of 
Pound Keepers increased by resolution passed in — , 1907.) 


Stealing ride. 


Doing of any 
act which is a 
misdemeanor 
under laws of 
State. 


Animals run- 
ning at large 
to be put in 
pound. 


510 CITY ORDINANCES. 


MISDEMEANORS, MISCELLANEOUS. 


Sale of un- Sec. 765. If within three days from the day an animal is put 
claimed im- 
pornees into the pound the owner or person in charge thereof calls for 


the same, such animal shall be delivered to him upon the pay- 
ment of $1 for each head of goats, swine or sheep, of $1.50 for 
each head of horses, mules, cattle or cows, and 25 cents for each 
head of geese so impounded. If no one claims the same within 
the said period of three days, the Chief of Police shall cause a. 
notice to be inserted in the official organ of the city for five 
successive days, briefly describing the animal, and giving notice 
that unless redeemed the same will be sold at public sale. All 
of said animals not redeemed by the payment of the pound fees. 
aforesaid, and 25 cents per head for each day after the expiration 
of the first three days, shall be sold on the day named in said 
notice at public auction, to the highest bidder for cash, of which. 
sale a record containing a brief description of the property sold, 
the price paid, and name of the purchaser, shall be kept at the 
office of the Chief of Police. The proceeds of such sale shall 
be received by the station house keeper, and paid over, each 
day, to the Register of the city, who shall hold such fund sub- 
ject to order of the owner of said animal after retaining enough 
to pay all fees, costs and charges as hereinbefore provided, in- 


cluding cost of advertising the sale.’ 


Awnings and Sec. 766. No awning shall be erected fronting any street so 
Sain as to obstruct the sidewalk, or in any wise, by insecurity or 
fault in the construction thereof, to endanger the lives or limbs 
of persons passing under them; nor shall any signboard be 
erected less than nine feet from the ground or pavement, nor 


be so erected as in any manner to obstruct the same. 


Illuminated Sec. 767. Illuminated signs may be hung over the sidewalks, 
signs. 


provided said signs shall conform to the following conditions: 


Said signs shall have an illuminating power of not less than 


1 Section 765 passed April 1, 1886. See Section 247 ante. 


CITY ORDINANCES. 


511 


MISDEMEANORS, MISCELLANEOUS. 


50 candle power [and the letters in such signs shall be composed 
of electric bulbs, which shall be illuminated nightly];* they 
‘shall be hung not less than nine feet from the sidewalk, and 
not over three feet from the wall of the nearest building; and 
‘said signs shall in all cases be erected under the approval of the 
‘Chief of Police, and the plans and specifications of such signs 
shall be submitted to the Chief of Police before the same are 


erected. 


Sec. 768. It shall be a misdemeanor to erect or repair any 
‘wooden awning, or any awning made partly of wood and partly 
of iron or other material, or partly of iron and partly of other 
material, on either side of Main street, between the Louisville 
& Nashville Railroad depot and the Mississippi & Tennessee 
Railroad depot; and each day that such awning so erected or 
repaired remains standing shall be a distinct and separate of- 


fense.® 


Sec. 769. It shall be unlawful for any person doing any busi- 
ness in the city to follow the same, unless his, her or their 
names, or name of the firm, is printed or affixed in legible letters 
over the front door of his, her or their business house—the let- 


ters to be of the usual size used on such signs. 


Sec. 770. All churches, theaters, public halls, schoolhouses 
and places of amusement are required to have their doors swung 
on double hinges, so that they will open in and out, so as to 


prevent disasters in case of fire. 


Sec. 771. No person shall be allowed to dig into or under 
the bank of the Mississippi River, at or near the water’s edge, 
between the mouth of Wolf River and the southernmost bound- 


ary of the city, for the purpose of procuring or tarrying away 


2 The clause between the words ‘‘power’’ and ‘‘they’’ passed November 5, 
1903. 


3 Section 768 passed May, 1882. 


Awnings not 
allowed on 
Main street. 


Business 
signs. 


Doors of pub- 
lic buildings 
swing out- 
ward. 


Digging in 
river bank, 


512 


CITY ORDINANCES. 


MISDEMEANORS, MISCELLANEOUS. 


Same. 


Killing birds. 


Permit for 
bootblacks. 


sand, gravel or other material from the same, with or without 
permission of the owners of lots fronting on the Mississippi 
River, and the owners of such lots are forbidden to make excava- 
tions in like manner and for such purposes, or to permit others 


to do so. 


Sec. 772. Neither the owners nor any other person shall be 
allowed to dig to any depth any avenue or tunnel into any or 
under any lot on the river front of the city, nor into or under 
any street of the city, for the purpose of procuring sand, or 
for any purpose whereby, by carrying on or commencing such 
excavation or tunnel, any real estate of the city may be under- 
mined, endangered, disturbed or reduced in marketable value, 
in consequence of fears or apprehension of damage resulting 
from such digging or otherwise; provided, that owners of prop- 
erty fronting on said river front may pave and grade their prop- 
erty in conformity to the grade of the streets of the city adja- 


cent thereto, as laid down and established by the Engineer. 


Sec. 772. The killing, or attempting to kill, any English spar- 
row, or any other kind of bird, within the limits of the city, is 


prohibited. 


Sec. 773. Every boot or shoeblack shall apply to the Chief 
of Police for a permit to carry on his business, which permit 
shall be granted gratuitously, and shall designate the name 
of applicant, the length of time for which such permit is ‘to be 
granted, and the place where the business is to be carried on, 
and such license shall be transferable only by permission of the 
Chief of Police, and the place of business shall only be desig- 
nated at the request or permission of the owner or occupant, 
in front of whose home or business place the business is to be 
carried on. The Chief shall keep a record of the licenses under 
this order. Every licensee under this ordinance shall be re- 


quired to remain at his place of business, and will not be al- 


CITY ORDINANCES. 


513 


MISDEMEANORS, MISCELLANEOUS. 


lowed to carry on his business at any other place, or run about 
the streets to solicit business, and any violation of either of the 


above sections shall be a misdemeanor.’ 


Sec. 774. All persons are forbidden to erect, establish or oper- 
ate, within the fire limits of the city, any factory, machinery or 
other works for the manufacture of oil of any kind, from cotton 
seed or other material [without the special permission of the 
Legislative Council];? but factories already erected, established 
and in operation, and the territory lying north of Poplar and 
west of Front streets are excepted from the provisions of this 


section. 


Sec. 775. All persons laying down drains and sewers from any 
point in the city to the river shall lay the same of iron pipes, 
if they run under the levee, and the same shall be laid under 
the direction of the Engineer, and all those who have heretofore 
laid sewer or drain pipe to the river, running under the levee, 
are required, in repairing the same, to lay iron pipe under the 
said levee, also under the supervision of the Engineer; and, 
in both cases, the pipes are to be of such size, and laid in such 
manner, as said Engineer shall direct. Any one failing to 


comply with this ordinance shall be guilty of a misdemeanor. 


Sec. 775a. Subsection 1. That hereafter it shall be unlawful 
for any eainlave: bellboy, servant or other person connected with 
any hotel, boarding house or restaurant in the City of Memphis 
to bring any public prostitute or woman for purposes of pros- 
titution into said hotel, boarding house or restaurant. 

Subsec. 2. Be it further ordained, That it shall hereafter be 
unlawful for any woman or man to use any room or place in 
a hotel, boarding house or restaurant in the City of Memphis 


for purposes of prostitution. 


1 Section 773 passed March 28, 1882. 
2 In brackets passed April 238, 1881. 


Oil works 
forbidden in 
certain dis- 
tricts. 


Iron sewer 
pipes under 
levee. 


514 ' CITY ORDINANCES. 


MISDEMEANORS, MISCELLANEOUS. 


Subsec. 3. Be it further ordained, That any hotel keeper, 
boarding house keeper or restaurant keeper in the City of Mem- 
phis may inquire into any use of his rooms for any other than 


a lawful purpose.*® 


Sec. 776. If any person be fined by the City Judge for the 
commission of any misdemeanor, or for any other offense against 
the laws or ordinances of this city, such persons shall, in de- 
fault of payment of such fine, be confined at hard labor within 
or without the workhouse until such fine is paid and discharged, 
or until such person, being credited with 40.cents for each day’s | 


labor, has fully paid and discharged said fine.* 


Sec. 777. It shall be unlawful for any person, firm or corpoia- 
tion to sell ice from wagons without having in or attached to such 
wagons scales by which accurate and correct weights may be 


made of ice sold therefrom. 


It shall be the duty of any person, firm or corporation selling 
ice from wagons, upon demand of the purchaser or purchasers 
of such ice, that the same be weighed or reweighed, to weigh or 
reweigh the same, and to charge only for the actual weight of 


the ice delivered.® 


To permit Sec. 778. For the owner of any oil wagon, or other vendor 
oil to spill on 
street. or carrier of oil, or other persons, to permit oil to drip, spill 


or fall upon any asphalt pavement of the City of Memphis. Any 
violation of this ordinance shall subject the violator to arrest 
and a fine of not less than $10 nor more than $50.° 
To sell liq- Sec. 779. For any one to sell or give intoxicating liquors to 
uors within 500 


feet of parks. any one at any saloon, restaurant or other place within the City 


of Memphis, within 500 feet of all parks owned by the City of 


3 Section 775a and Subsections 1, 2 and 3 passed May 7, 1909. 
4 Section 776 passed September 27, 1905.. - a 

5 Section 777 passed September 9, 1907. “er 

6 Section 778 passed May 9, 1903. 


CITY ORDINANCES. 


alte 


MISDEMEANORS, MISCELLANEOUS. 


Memphis of over 50 acres in size; provided, that this ordinance 
shall not apply to any premises within the prohibited distance 
on which a saloon is now. being conducted until the expiration 
of the time the owners of such saloon may now be licensed to 


conduct such business. 


Be it further ordained, That whoever shall violate the 
provisions of this ordinance shall be deemed guilty of a misde- 
meanor, and, on conviction thereof, shall be fined for each of- 


fense not less than $50 nor more than $300.’ 


See. 780. It shall be the duty of the Chief of Police, and his 
subordinates, to see that all of the ordinances contained in this 
Digest are enforced; and any infraction or violation of any sec- 
tion or subsection of the same shall be punished by a fine of not 
less than $1 nor more than $50, where fines have not been spe- 
cially provided; and where, by any of the ordinances contained 
in this Digest, any violation of any of the same is visited with 
a criminal penalty, or the same is made a misdemeanor, and 
£ civil remedy is also provided, the prosecution of the civil rem- 
edy shall be no bar to criminal proceedings thereunder, nor 
shall criminal proceedings thereunder be a bar to civil proceed- 
ings thereunder. [And where any act is forbidden by ordinance, 
or is made a misdemeanor, and no punishment is prescribed there- 
for, the same is to be punished by a fine of not less than $1 nor 
more than $50, and imprisonment in default of payment thereof, 


as in other offenses. |* 


7 Section 779 passed May 9, 1903. 
8 In brackets added by ordinance passed September 27, 1880. 


Punishment 
for misde- 
meanors when 
no specific 
penalty is 
provided. 


516 


CITY ORDINANCES. 


REGULATION OF GAS COMPANIES. 


Gas lights—16 
candle power. 


Rate of 
charge for 
gas. 


Office Gas 
Inspector 
created. 


Compensa- 
tion. 


Duties. 


ARTICLE 46. 
REGULATION OF GAS COMPANIES. 

Sec. 781. All gas companies within said city furnishing light 
to it and its inhabitants by means of pipes or other conductors, 
laid in or under the streets or sidewalks of said city, shall be, 
and they are hereby, required to furnish gas of not less than 
16 candle power, and that the same shall be as free from dele- 


terious and hurtful elements as practicable.* 


Sec. 782. The rate to be charged for gas so furnished, either 
to said city or to the inhabitants thereof, shall not exceed the 
sum or price of $1.50 per 1,000 feet, when paid within the cus- 
tomary discount days, with the right on the part of the gas 


companies to add 5 per cent. thereto if not so paid. 


Sec. 783. That the office of Gas Inspector is hereby created, 
to be filled by the Legislative Council on the nomination of the 
Mayor. He shall hold office for a term of one year, and shall 
give bond in the sum of $5,000 for the faithful performance of 


his duties. 


His compensation shall be fixed by the Fire and Police Com- 


missioners, and paid out of the lighting fund. 


It shall be the duty of such Inspector to see that the gas fur- 
nished is of the quality and illuminating power above prescribed, 
that the gas meters furnished properly measure the gas passing 
through them, and generally shall he perform such other services 


as may from time to time be imposed upon him. 


Sec. 784. A fee shall be charged for inspecting or re-inspecting, 


sealing and stamping gas meters inspected and stamped.* 


1 Sections 781, 782 and 783 passed October 29, 1895. 


2 The rate to be charged for gas is fixed at $1 by ordinance permitting con- 
solidation of lighting companies. See Memphis Consolidated Gas & Electrie Co. 
Ordinance, post. 


8 Sections 784 to 788, inclusive, passed March 8, 1909. 


CITY ORDINANCES. 


517 


REGULATION OF GAS 


Sec. 785. The said fee of 50 cents shall be collected by the 
Gas Inspector for the use of the City of Memphis for each meter 


inspected by him.’ 


Sec. 786. No meter shall be inspected except at the instance 
and upon the written request of either the consumer or the gas 
company. The said inspection fee of 50 cents shall be paid 
by the applicant for the inspection in advance to the Inspector 
for each such inspection, and when the request for inspection 
is made it shall be the duty of the gas company to bring or 
send the meter to the office of the Inspector, and no meters shall 


be subject to more than four inspections per year.* 


Sec. 787. In all cases where a gas meter is found by the Gas 
Inspector to be fast after testing the same, the inspection fee 
of 50 cents shall be paid by the gas company, and the fee col- 
lected from the consumer shall be refunded to him by the Gas 


Inspector.*® 


See. 788. The Gas Inspector shall make a written report of 
the meters inspected by him on the first of each month to the 
Secretary of the Council, and shall turn over with his said re- 
port, a receipt from the County Trustee for the fees collected 
during the preceding month, and all funds so collected shall 


he paid into and credited upon the lighting fund.’ 


Sec. 789. Failure to comply with or a violation of the pro- 
visions, or any of them, of this ordinance is hereby declared 
a misdemeanor, each and every instance of such failure to com- 
ply or violation being a distinct and separate offense, punishable, 
upon conviction, by a fine of not less than $1 and not more than 
$50.4 


3 Sections 784 to 788, inclusive, passed March 8, 1909. 
4 Section 789 passed December 7, 1895, 


COMPANIES. 


Penalty for 
violation. 


518 CITY ORDINANCES. 


BLISDEMEANORS, MISCELLANEOUS. 


ARTICLE: 47. 
HACKMEN’S STRIKES. 


Misde- Sec. 790. It is hereby declared a misdemeanor, punishable, 
meanor to de- 
cline to carry 
passengers to 


upon conviction, by a fine of not less than $5 nor more than 
destination. ; 


$50, for any driver of a public or licensed hack, carriage or 
other vehicle, to receive passengers or customers and pp ee) 
refuse to carry them to their destination, because of the fact 
that other hacks or drivers not belonging to said ‘“Hackmen’s 
Union” may be employed in the same procession or work, or 
because of the fact that such other hacks or drivers of hacks 


are not agreeable to the one or ones so refusing.’ 


Intimidation Sec. 791. It is hereby declared a misdemeanor, punishable, 
of other hack- 


Bt aac nee. on conviction, by a fine of not less than $5 nor more than $50, 
for any public or licensed hackman or owner of a public or 
licensed hack or hacks, or other vehicle, to attempt, by violence, 
‘Or by threats of violence, or by any other unlawful means what- 
soever, to prevent any other public or licensed hack or hacks, or 
other vehicle, from lawfully rendering to the public such service 

as they may be called upon to do, and may be entitled Jawfully 


to rerder.° 


son SCG bod: The Chief of Police and all the officers and men 
of the police force, are hereby required to report to this Council 
any instance or Tees coming to their knowledge or infor- 
mation of a breach by any public or licensed hackman or driver, 
‘or owner of a public or licensed hack, of the provisions of the 
first two sections of this ordinance; that, upon such report being 
filed, such hackman' and the owner of such hack or hacks shall 


be cited to appear before this Council, to the end that due and 


5 Sections 790 and 791 passed April 4, 1895... 


CITY ORDINANCES. 


519 


MISDEMEANORS, MISCELLANEOUS. ' 


proper action may be taken -for the revocation of the license 


or licenses of the hack or hacks so offending.’ 


See. 7 793. “Any person Ey talaiine the provisions of this ordi- 


nance shall be deemed guilty of a misdemeanor, and, on con- 


vietion, shall be fined not less than $1 nor more than $50. . 


ARTICLE “48. 
GIRLS SELLING NEWSPAPERS. 


Sec. 794. It shall be a misdemeanor for any girl or woman 


to sell, or offer for sale, on the public streets of the city any 


daily or weekly newspaper or periodical publication of any kind? 


- Sec. 795. That a violation of this ordinance be, and is hereby 
declared a misdemeanor, and the offender, upon conviction, shall 


be fined not less than $1 nor more than $50.7 


ARTICLE 49. 
BRINGING PAUPERS INTO THE CITY. 

Sec. 796. The bringing of a pauper into the City of Mem- 
phis, by any railroad, steamboat or other carrier of persons 
is hereby prohibited; provided, the railroad, steamboat or other 
carrier bringing such pauper into the city knows, or has rea- 
sonable grounds’ to believe, or, upon practicable investigation, 
could ascertain that he or she is a pauper and would become a 


charge upon the public authorities.’ 


Sec. 797. A violation of this ordinance is hereby declared 
a misdemeanor. and the offender, upon conviction, shall be 


fined not less than $1 nor more than $50.* 


1 Ordinance passed April 4, 1895. 
2 Ordinance passed April 5, 1894. 
3 Sections 796 and 797 passed August 9, 1894. 


Penalty. 


Misdemeanor 
for female to 
sell newspa- 
per. 


Penalty for: 
violation, 


Bringing 
paupers into 
city. 


520 


CITY ORDINANCES. 


MISDEMEANORS, MISCELLANEOUS. 


Board of 
Health may 
establish ani- 
mal quaran- 
tine. 


Failure to 
notify Board 
of Health of 
communiea- 
ble animal 
disease, mis- 
demeanor. 


Misdemeanor 
to bring dis- 
eased animal 
inte city. 


ARTICLE 50. 
DISEASES AMONG ANIMALS. 

Sec. 798. The Board of Health of the city shall have the gen- 
eral supervision of all communicable diseases among domestic 
animals within, or that may be in transit through the city, and 
they are hereby empowered to establish quarantine against any 
animal thus diseased, or that has been exposed to others thus 
diseased, whether within or without the city, and may make 
such rules and regulations against the spread and for the sup- 
pression of such disease or diseases as in their judgment may 


seem necessary and proper.* 


Sec. 799. In the event of any communicable disease afore- 
said breaking out, or being reasonably suspected to exist in 
any part of the city, it shall be the duty of the owner or owners 
immediately to notify the City Board of Health, and said Board 
of Health to at once institute such measure for the restriction 
or stamping out of such disease or diseases by killing or remoy- 
ing such animal or animals as they may think necessary, Any 
person or persons above specified who shall neglect or refuse 
to notify said Board of Health of the existence of any communi- 
cable disease aforementioned shall be guilty of a misdemeanor, 
and, upon conviction, shall be fined not less than $1 nor more 


than $50. 


Sec. 800. Any person or persons who knowingly shall import 
or bring into this city any animal or animals affected with pleuro- 
pneumonia, rinder-pest, glanders or other communicable disease, 
or who shall sell or trade, or offer to sell or trade, any animal or 
animals known to be so diseased, shall be guilty of a misde- 
meanor, and, upon conviction, shall be fined not less than $1 


nor more than $50. 


4 Section 798 passed April 26, 1894. 


CITY ORDINANCES. 


521 


BUILDING REGULATIONS. 


Sec. 801. No compensation shall be made to the owner of any 


animal killed or removed under this ordinance. 


ARTICLE 51. 
BUILDING ORDINANCE. 
(Passed November 25, 1902, and all amendments to March 8, 
1909.) 
Sec. 802. Be it ordained by the Legislative Council of the City 
of Memphis, That there is hereby created an executive depart- 
ment of the municipal government of the City of Memphis, which 


shall be known as the Department of Buildings. 


See. 803. There is hereby created the office of Commissioner 
of Buildings, who shall be the head of said Department of Build- 
ings, and shall be an experienced architect, civil engineer or 
builder, and who shall not be engaged in any other business 
while acting as Commissioner of Buildings. 

He shall hold his office for the term of one year, and until 
his successor shall be appointed and qualified. 

He shall be elected by the City Council, on the nomination 
of the Mayor, on or after the passage of this ordinance, and 
thereafter, up to January, 1903, annually, and at the same time 


other municipal officials are elected by the City Council. 


Sec. 804. Said Commissioner of Buildings, before entering 
upon the duties of his office, shall execute a bond to the City 
of Memphis, in the sum of $10,000, with such sureties as the 
City Council may approve, conditioned for the faithful perform- 
ance of the duties of his office. The bond shall be a guarantee 


company bond. 


Sec. 805. He shall have the management and control of all 


matters and things pertaining to the Department of Buildings. 


Sec. 806. Said Commissioner of Buildings shall be an able 


and experienced architect, civil engineer or master builder, with 


No compensa- 
tion for dis- 
eased animal 
killed. 


Offiice of 

Commission- 
er of Build- 
ings created. 


Term of 
office. 


How elected. 


Bond. 


Powers. 


Qualifica- 
tions. 


S22 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


. not less than five years’ experience in his profession, and shall 
YH 5 : high vee fi 5 Ps ‘ woes 


' qualify by examination before a. board of three, consisting of 


Salary. 


Duties. 


an architect, civil engineer and master builder, to be appointed 
by the Mayor. He shall be .charged with the enforcement of 
all ordinances of the City of Memphis relating to the construc- 
tion and. inspection, alteration or-repairs of buildings; and parts 
thereof. He shall make monthly reports to the Legislative Coun- 
cil of the transactions of his department, or oftener, if so re- 


quired by the Legislative Council. 


Sec. 807. “Said Commissioner of Buildings shall ‘receive a aa 
ary of $2,500 per annum, paeiale in monthly instatineere by 
the.city, and he shall not receive any other fees or emoluments 
ofiiany kind whatsoever for his services as’ such Commissioner 


s 


of Buildings and head of said. department. 


Sec. 808. Said Commissioner of Buildings herein provided for 


shall perform and discharge such duties and powers as may from 


Collect Fees. 


Issue permits. 


Permits 
required. 


fine to time be imposed and ene upon. him by the ordi- 
nances of the City of Memphis, or Dye the ‘requirements of .the 


Legislative Council thereof. 


Sec. 809. Said Commissioner of Buildings shall collect all 
fees, as provided for in this ordinance, and shall pay the same 
to the City Tax Receiver weekly, taking. the receipt of the. City 
Tax Receiver therefor, and shall make a monthly report, of, the 
said collections to the Legislative Council. ee 

Permits to be countersigned and entered with amount of fees 
by, the City Secretary in a building record. book kept in his office 


for that purpose. 
... PERMITS. 


Sec. 810. No person, firm or‘ corporation shall begin ‘or con- 


tinue the erection, alteration, repair or removal of any building 


aor structure within the corporate limits of the City of Memphis, 


CITY ORDINANCES. 


523 


BUILDING REGULATIONS.’ 


without first having applied for and obtained. a permit so to do 


from the Commissioner of Buildings. 


Sec. 811. In all cases plans and specifications, sufficient to’ 


enable the Commissioner of Buildings to obtain full and com- 


plete information as to the character of and exact location of 


the work proposed to be done under the ‘permit, shall be filed 
with the application for permit, and if the cost of the work is 
to exceed $1,500, complete scale plans and specifications, showing 
and- descriping all parts of the construction, shall be submitted, 
and, upon the issuance of a permit, a true copy of said drawings 
and specifications, signed by the architect or owner, shall be filed 
with the Commissioner of Buildings’ office and remain on file 
there until the completion of all building operations had under 
said permit, when they shall be returned to ine party who filed 
them; such plans and muariiicacione so filed shall not be open 
to the inspection of others than those interested in the building 
or structure, and if not claimed by the proper party within two 
months after completion they shall be destroyed. All plans and 
specifications of ‘buildings of a public character shall remain on 


file permanently in the office of the Commissioner of Buildings. 


Sec. 812. If the matters mentioned in the application for a 
permit or the plans and specifications filed with the same indi- 
cate to the Commissioner of Buildings that the work to be done 
is not in all respects in accordance with the provisions of the 
city. ordinances, he shall refuse to issue a permit therefor, until 
the same has been made so to comply, when he shall issue the 
permit. 

The Commissioner of Buildings shall place his official seal 


upon all plans, etc., approved by him. 


Sec. 813. The Commissioner of Buildings shall, within ten 
days after the filing of the plans, specifications and statement, ap- 
prove the same or indicate in writing the alterations to be made 


therein to comply with the ordinance of the city: 


Plans and 
specifica- 
tions. 


To. comply 
with ordinance 
before issuing 
permit. 


Official seal. 


To approve 
plans or state 
reason. 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


To file strain 


sheet. 


Temporary 
permit. 


Notice of pro- 
posed change 
in plans. 


Unlawful. to 


alter plans. 


Fees to be 
charged. 


Sec. 814. With the plans and specifications of all buildings or 
structures over two stories in height there shall be filed with 
the application for a permit, a strain sheet, showing the weights 
carried by the several supports when the building is fully loaded 
and the safe load said supports will sustain; all loads, weights 
and strains and all strengths shall be computed from the for- 


mule given in this ordinance. 


Sec. 815. Permits for clearing the ground or excavating may 
be issued pending the completion of the plans and specifications; 
for such temporary permit a fee of 50 cents shall be paid, and 


such permits shall terminate in thirty days from date thereof. 


Sec. 816. If, during the progress of the work upon any struc- 
ture, it is desired to deviate in any manner affecting the con- 
struction or strength of the same, or of their stairways, eleva- 
tors, fire escapes or other means of ingress or egress, from the 
plans and specifications upon which the permit was issued, no- 
tice of such proposed change must be filed in the Commissioner 
of Buildings’ office, and his written permit obtained therefor be- 


fore such alterations are made. 


It shall be unlawful to erase, alter or modify any lines, figures 
or colorings contained upon such drawings or specifications upon 
which the Commissioner of Buildings has issued a permit and 


placed the official stamp of his office. 


Sec. 817. The fees for building permits shall be as follows: 
In case the estimated cost of any proposed change, alteration, 
addition or erection of building, buildings or structure shall 
not exceed the sum of $100, the fee therefor shall be 50 cents 
for such permit; for over $100 and not exceeding $1,000, or a 
fractional part thereof, the fee shall be $1; for over $1,000 and 
not exceeding $1,500, or a fractional part thereof, the fee shall 
be $2.50; for over $1,500 up to $2,500, or fractional part thereof, 
the fee shall be $4.00; for $2,500 up to $5,000, inclusive, or a frac- 


CITY ORDINANCES. 


525 


BUILDING REGULATIONS. 


tional part thereof, the fee shall be $5.50; and for every $1,000 
over $5,000, or fractional part thereof, the applicant shall pay 
the additional sum of 50 cents for such permit. 

Fees for house moving as per Sec. 185. 

Fee for estimating strength of floors in existing buildings, 
$5.00. 


Sec. 818. The Commissioner of Buildings may, in his dis- 
cretion, estimate the cost of any proposed building or structure 
for which a permit is applied for, and, in case of any disagree- 
ment relative thereto, the Commissioner of Buildings may, before 
the issuance of any permit, require the owner, agent, architect 
or builder to make an affidavit, sworn to and subscribed before 
a competent officer, of the actual cost of proposed building when 


completed. 


Sec. 819. The duration of all permits shall be governed by 
the cost of the structure; they shall not exceed a period of three 
months for buildings costing $5,000 or less; not exceeding four 
months for buildings costing between $5,000 and $10,000, and 
not exceeding six months for buildings costing between $10,000 
and $50,000, and not exceeding twelve months for buildings cost- 
ing over $50,000; permits may be once renewed during the 
progress. of the work, free of cost, without the right to use any 


part of the streets. 


Sec. 820. Every permit shall be considered cancelled if active 
work is not commenced within the period of six months from 


the date of its issue. 


Sec. 821. If work upon any building shall be conducted in 
violation of any of the provisions of this ordinance, either as 
to occupation of sidewalk or street, or the use or application of 
material or workmanship, it shall be the duty of the Commis- 
sioner of Buildings to revoke the permit for the building opera- 


tions in connection with which such violation shall have taken 


Commissioner 
may esti- 
mate cost of 
building, 


Duration of 
permits. 


Permits can- 
celled—when. 


May revoke 
permit. 


526 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Contractor to 


furnish 


bond. 


place. And it shall be unlawful, after the revocation of such 
permit, to proceed with such building operations, unless such 


permit shall first have been reinstated or reissued by the Com- 


missioner of Buildings. Before a permit revoked for the cause 


or causes before mentioned can be lawfully reissued or reinstated, 
the entire building and building site must be first put into con- 
dition corresponding with the terms of this ordinance, and any 
work or material applied to the same in violation of the feoma 
of this ordinance shall be first removed from said building. 
The revocation of a permit shall be in writing, and shall be 
served on the owner, or his agent, or on the tenants, or any one 


doing any of the work. 


Sec. 822. Every general contractor and subcontractor or 
owner shall annually, before engaging in the alteration, repairs, 
construction or erection of any building or structure, furnish 
and file with the Commissioner of Buildings an approved in- 
demnifying bond, with good and sufficient sureties, in the sum 
of $1,000, conditioned that the said party will indemnify and 
protect, the City of Memphis against any and all loss or damage 
to the streets, alleys or other public property; also said party 
will save, indemnify and protect the City of Memphis against all 
costs and expenses a hick may in any wise accrue against said 


city in consequence of the operations covered by any permit that 


may be issued by the Commissioner of Buildings, and that said 


party will, in all respects, comply with this ordinance; provided, 
no bond shall be required where the amount of money necessary 


1o be expended does not exceed $300.1 


Each such bond shall cover all building operations by said 


party for a period of one year from the date of the bond. 


1.The clause ‘‘Provided no bond shall be required,’’ etc., amendment Sep- 
tember 10, 1908. is 


CITY ORDINANCES. 


527 


BUILDING REGULATIONS. 


Sec. 823. The Commissioner of Buildings, and his assistants, 
may, as far as necessary for the performance of their duties, 
enter any building or premises within the corporate limits of the 
City of Memphis, and proper and safe facilities for inspection 
shall be furnished. 


Sec. 824. In the absence of the Commissioner of Buildings, 
one of the assistants may be designated by him to act in his 
place, and when so designated the assistant shall exercise all the 


powers and duties of the Commissioner of Buildings. 


Sec. 825. No building, partition or structure shall be covered 
in by lathing, plastering, sheathing or otherwise until the Com- 
missioner of Buildings has by examination ascertained that the 
said building, partition or structure has been built. in compli- 
ance with the provisions of this article. The Commissioner of 
Buildings shall be notified by the owner, or his duly authorized 
agent, or by the builder, whenever any building is ready for 
inspection. And no building, partition or structure shall be 
covered in by lathing, plastering; sheathing or otherwise until 
such inspection is made and the’ Commissioner of Buildings has 
issued a certificate to the effect that the said building, partition 
or structure has been built in compliance with the provisions 


of this ordinance. 


Sec. 826. No building shall be materially altered, or any of 
the conditions changed, until full and detailed plans and specifi- 
cations shall be filed in the Commissioner of Buildings’ office, 
and the building examined by him and found to be in safe con- 
dition to be.altered as proposed; and the building so altered shall 


conform to the requirements of this ordinance. 


Sec. 827. Frame buildings within the inner fire district may 
be repaired to an extent not exceeding 10 per cent. of the value 
of the building; said repairs to be made to the entire satisfac- 


e 


tion of the Commissioner of Buildings. 


Inspect build- 
ings—when., 


Assistant Com- 


missioner, 


To notify 
Commissioner 
when building 
is ready for 
inspection. 


Alterations in 
buildings. 


528 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Building com- 
mittee—power 
to act. 


To keep build- 
ings in repair. 


Bathroom and water closet additions to frame buildings now 
in the inner fire district may be built; but said additions must 
be constructed according to the size and conditions as prescribed 
by the Commissioner of Buildings. 

Where frame buildings exist in the inner fire district, yard 
closets may be built of wood set on 9x12 brick piers; such 
yard closets to have metal roofs, and the wooden part of the 
same to be built to the entire satisfaction of the Commissioner 
of Buildings; said yard closets to be not less than 4x5 feet out- 
side measurement, and 7 feet high, and to be painted with not 


less than two coats of paint.’ 


Old brick may be used in construction work, provided they 


are strictly sound, whole and hard.’ 


Sec. 828. When there is dissatisfaction with the action of 
the Building Commissioner on the part of any one who has 
applied to said Commissioner for permission to alter or make 
repairs on any building already constructed, the party applying 
to said commissioner and dissatisfied may, by petition, appeal 
to the Committee on Public Lands and Buildings of the Legis- 
lative Council, which committee shall have power to act in the 


premises, and whose action shall be final.’ 


Sec. 829. The owner, agents or occupants having the care 
of buildings shall keep them in repair, and, when so notified by 
the Commissioner of Buildings, shall make needed repairs and 
shall point up and fill with mortar or cement all cracks, splits, 
fissures or loose materials and other defects in the walls or sup- — 
ports, to enable the Commissioner of Buildings and others to 
judge of changing conditions should they occur in any part of 


any such building. 


1 Section 827 passed April 22, 1903. 
2 Section 828 passed September 10, 1908. 


CITY ORDINANCES. 


529 


BUILDING REGULATIONS. 


See. 830. In the event of the discontinuance of building opera- 
tions for a period of thirty days or more, the Commissioner of 
Buildings shall have authority to order the removal of all ma- 
terial and obstructions, and the reconstruction of sidewalks, 


streets and alleys in such a manner as he shall approve. 


See. 831. Whenever in the opinion of the Commissioner ot 
Buildings any building, or part thereof, or any structure, is in 
a condition dangerous to the occupants or those passing, by 
reason of bad condition of walls, overloaded floors, defective 
heating apparatus, vibrations from machinery, defective flues, 
confined or cramped stairways, insufficient exits, narrow or dark 
passageways, or from other like causes, said buildings, struc- 
tures, or parts thereof, shall be deemed to be a public nuisance, 
and: the Commissioner of Buildings may, at any time, require 
the owner, agent or occupant of any such building or structure 
to make such repairs or take such steps as in his opinion may 


be necessary for the public safety. 


See. 832. In case the owner, agent or occupant of any dan- 
gerous building or structure shall fail or refuse to make such 
repairs within three days after the service of any notice so to 
do by the Commissioner of Buildings, he, with the approval of 
the Legislative Council, may enter upon the premises and em- 
ploy such labor and purchase such materials as in his judgment 
may be necessary to make any such building or structure safe, 
or prevent tne same from becoming unsafe or dangerous; or he 
may, with the approval of the Legislative Council, demolish any 
such building or structure. Any party doing the work, or any 
part thereof, or furnishing any materials therefor, under and 
by direction of the Legislative Council, may bring and maintain 
an action against the said owner in the same manner as if he 
or they had been employed to do the said work, or furnish said 


materials by the owner or agent of the said building or struc- 


Order material 
off sidewalks, 
etc. 


Dangerous 
buildings. 


Commissioner 
to make dan- 
gerous build- 
ings safe. 


be 


530 


CITY ORDINANCES. 


BUILDING BREGULATIONS. 


Buildings 
damaged by 
fire. 


Extent of 
damage to be 
determined by 
surveyor. 


ture. And the Commissioner of Buildings, by and with, the 
approval of the Legislative Council, may remove all occupants 
of any dangerous building and prevent the same from being 


occupied until the same has been made safe and secure. 


Sec. 833. Every wooden or frame building with a brick or 
cther front which may hereafter be damaged by fire, or other- 
wise, to an amount not greater than one-half of its value, may 
be repaired or rebuilt; but if such damage shall amount to: 
more than one-half of such value thereof, exclusive of the ‘foun- 
dation, then such building shall not be repaired or rebuilt, but. ; 


must be taken down. 


The amount and extent of such damage by fire or otherwise 
shall be determined by one surveyor, appointed by the Commis- 
sioner of Buildings, and one surveyor appointed by the owner or 
owners of said premises, and, in case these two do not agree, 


they shall appoint a third party, and a decision of a majority 


of them, reduced to writing and sworn to, shall be conclusive. 


Such building shall in no manner be repaired or rebuilt until 


after such decision shall have been rendered, and, in “ease of 


’ yefusal of the owner to submit to such appraisal, no permit. 


May appeal to 
arbitration— 
when. 


shall be granted. 


Sec. 834. In cases where discretionary power to estimate. the: 
damage to buildings and their roofs is given the Commissioner. 
of Buildings, as also in question relating to the security Orns 
security of buildings or parts thereof, and in all cases. where 
discretionary powers are by this ordinance given to the Commis- 
sioner of Buildings, an appeal to arbitration shall be allowed 
to parties believing themselves injured or wronged by the deci- 
sions of the Commissioner of Buildings | as follows, to-wit: 

The person wishing to make such appeal shall do so. within 
forty-eight hours after written notice of the decision or, order 


of the Commissioner of Buildings has been given. hid -An. 


CITY ORDINANCES. 


531 


: ste Pet a 
BUILDING REGULATIONS. 


appeal made later than forty-eight hours after serving of the 
notice of the Commissioner of Buildings shall not entitle the 


appellant to arbitration. 


The request for arbitration shall be in writing, and shall state 
the name of person who is to represent the appellant in said 
arbitration. The Commissioner of Buildings shall thereupon 
state to the appellant the probable cost of such arbitration, and 
such appellant shall, within twenty-four hours from the time for 
filing the original request for arbitraticn, deposit with the Com- 
missioner of Buildings a proper bond, or sum of money suffi- 


cient for the payment of the costs of such arbitration. 


AS ‘soon as such bond or sum of money shall have been de- 
posited, the Commissionér of Buildings shall appoint -the arbi- 
trator to represent the city, and the two arbitrators thus ap- 
pointed shall select a third, and these three arbitrators shall, after 
investigating the matter in question, make a decision with re- 
gard to the same, which shall be final and binding upon the 


appellant, as well as upon the city. 


The. arbitrators, shall be themselves placed under oath to the 


effect that they will faithfully discharge the duties of their 


Soci ion: 


They shall have power to call witnesses and place them under 
eath, and their decision or award shall be rendered in writing, 


both to the Commissioner of Buildings and to the appellant. 


The amount to be allowed to each arbitrator is not to exceed 
$2 per hour. The costs of such arbitration are to be paid by 
the city if the appeal is sustained; by the appellant if it is not 
sustained. 

Persons desiring to introduce materials, appliances and pro- 
cesses Of building, the use of which is not recognized ‘in this 
ordinance, or improvements in the use of materials and pro- 


cesses or appliances mentioned herein, shall also have the right 


Power of 
arbitrators. 


Introduction 
of materials 
not provided 
for. 


532 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Definitions. 


to cause their demands to be referred to courts of arbitration. 


under the same terms as those hereinbefore provided. 
DEFINITIONS. 


Sec. 835. In this ordinance the following terms shall have the: 


meaning herein respectively assigned to them, viz.: 


1. Alteration—Any change or addition in, to or upon any 
building, affecting any external walls, party walls, bearing walls, 
partition walls, chimneys, flues, floors, stairways or supporting 
construction of any kind; and “to alter” means to make such. 


change or addition. 


2. Repairs—The construction or renewal of any existing part. 
of a building, or of its fixtures or appurtenances, by which. 
its strength or fire risk is not affected, nor modified, and not. 
made, in the opinion of the Commissioner of Buildings, for the: 
purpose of converting the building, in part or in whole, into 


a new one. 


3. Areas—Subsurface excavations adjacent to the building 
for the purpose of lighting and ventilating cellars or basements, 
and shall not exceed three feet in the clear from the house line 


or street sidewalks. 


4. Foundation, Basement or Cellar Walls—That part of the 
walls or piers of a building that are below the floor or joists. 


which are at or next above the grade line. 


5. Grade—In referring to a street means the top of the 
street curbing on such streets where grades have been estab-- 
lished by the city. Where no grade has been established, the 


existing grade at the building line is to be taken. 


6. Foundation—That part of the walls or supports of a build- 
ing that are below the floor or beams, which are at or next above: 


the grade line. 


CITY ORDINANCES. 


533 


BUILDING REGULATIONS.- 


7. Footing—Projecting course or courses under base of foun- Definitions. 


aation walls or piers, etc. 


8. Depth of Foundations—The depth of foundation of any 
building shall be measured in each case from the level of the 


top of the curbing directly opposite said foundations. 


9. Height of Stories—The perpendicular distance from the top 
of the floor joist or beams to the corresponding point in the 


next story. 


10. Height of Structures—The perpendicular distance of the 
highest point of the roof above the grade; if erected on the 


street line the city curb is to be taken as the grade. 


11. Building Line—The line of demarkation between public 


and private space. 


12. Thickness of Wall—The minimum thickness of such wall. 


13. Curtain Wall—The inclosing wall between piers and but- 


tresses, steel or other supports. 


14. Bearing Walls, Division Walls—Those walls upon which 


the joists, beams, trusses or girders rest. 


15. Partition Walls—Any interior wall other than party walls, 


or bearing walls and sustaining no loads. 


16. External Walls—Every outer or vertical inclosure of a 


building other than a party wall. 


17. Party Wall—(a) <A wall built upon a dividing line for 
the joint use of two owners; (b) every wall built or used as a 


separation of two or more buildings. 


18. Brick, Pressed—Brick manufactured by high pressure in 
separate molds, and burned to the highest point of consolidation 


without vitrification. 


534 


CITY ORDINANCES. 


BUILDING: REGULATIONS: 


Definitions. 


19: Brick, Hard-Burned—Brick manufactured by the’ “con- 
tinuous stiff mud” or other process, and burned almost: to the. 
point of vitrification and giving out a clear ringing sound when 


struck with metal. 


20. Brick, Soft—Sometimes called salmon brick; light colored, 
soft, crumbly brick, will not ring when struck, absorbs large — 


per cent. of moisture and of low crushing resistance. 


21. Brick, Push-Placed—Brick laid in a bed of mortar and 
shoved or pushed to place in such a manner that all open space 
between the brick and the adjoining brick at the ends, side and 


bottom are completely filled with mortar. 


22. Owner—Any person, firm, corporation or agent controlling, 


or collecting rents from property in this city. 


23. Public Buildings—Every theater, opera house, college, hall, 
church, school or other buildings intended to be used for public 


assemblages or any part of any buildings so used. 


24. Commissioner of Buildings—The Commissioner of Bulle: 
ings of the City of Memphis; the officer having charge. of, the in- 
spection of buildings and parts of buildings in the City of Mem- 
phis. 


25. Tonemetit House—A building which, or any part of which, 
is occupied or intended to be oscupied as a dwelling for three (3) 
or more families living independently and doing their own cook- 
ing on the premises; or by two (2) or more families above the 


first floor so living and cooking. 


26. Factory—Any premises where steam or cther mechanical 
power is used in the aid of any manufacturing process there 


carried on. 


27. Streets—Shall include a!l puklie ways, alleys, lanes, courts 


and sidewalks between property lines. 


CITY ORDINANCES. 


535 


BUILDING REGULATIONS. 


28. .Shed—A structure not exceeding one story in height, one Definitions. 


or more of whose sides are open. 


29. Frame or Wooden Building—Any building or structure 
having outer walls constructed in whole or in part of lumber 
or wooden frame work. All structures so constructed, whether 
covered with metal, slate, veneered, etc., or not shall be classed 
as frame or wooden buildings, and subject to the prohibition of 


this ordinance. 


30. Veneered Buildings—A frame structure, the outside walls 
of which are covered above the foundation walls with brick or 
stone not less than three (3) inches on the bed or thickness, and 


shall be classed as a frame building. 


31. Mortar: Cement—A mortar composed of one part of fresh 
cement to not more than ’three parts of clean; sharp sand, which 


is to be used immediately after mixing. 
32. Mortar: _Lime—A mortar composed of one part fresh- 
burned lime to not more than four parts: of clean, sharp sand 
which would not be used before being thoroughly slacked for at 
least ten days. 

30. -Mortar: Cement and Lime—A mortar made of one part 
of cement, one part of thoroughly slacked lime, and not: more 


than six parts of clean sharp sand. 


34. Concrete—A mortar made of cement, clean, sharp sand 
and ‘clean, broken stone not larger than hens’ esses, the whole 
to ‘be thoroughly mixed when’ dry and then add only sufficient 
water to make a stiff. ‘mortar, deposited in place and rammed 
with a beater until the water forms at the top. The maximum 
proportions of materials ‘shall be two (2) parts sand, four (4) 
parts broken stone, one (1) part natural cement; or three (3) 
parts of sand, five (5) .of. stone to one. (1) of Portland cement. 


All cement to be fresh:and, dry. w jy: «i 


536 CITY ORDINANCES. 


BUILDING REGULATIONS. 


Definitions. 35. Dwellings—Buildings, either detached or in blocks, used 
solely as a residence, and occupied by not more than two fam- 


ilies. 


36. Building Quality—As used in this ordinance is meant as 


follows: 


Building of First Quality means “Fireproof Construction.” 
Building of Second Quality means “Skeleton Construction.” 
Building of Third Quality means “Slow Burning Construction.” 
Building of Fourth Quality means “Mill Construction.” 
Building of Fifth Quality means “Ordinary Construction.” 
Fireproof 37. Fireproof Construction—As used in this ordinance, shall 
<onstruction. 
apply only to buildings in which all parts that carry weights 
or resist strains are constructed wholly of stone, burnt clay, 
iron, steel or concrete, and in which all stairs, elevators, parti- 
tions and other permanent fixtures are made entirely of incom- 
bustible materials, and in which metallic structural members 
are protected against the effects of fire by coverings of a mate- 
rial entirely incombustible and slow heat conducting. The ma- 
terials which shall be considered as fulfilling the conditions of 
fireproof covering are, first, brick; second, hollow tile or burnt 
clay; third, porous, terra cotta not less than three inches thick, 
laid around the metal in a bed of mortar and constructed in 
such a manner that there shall be an air space of at least one 
inch between the metal and said covering; fourth, two inde- 
pendent layers of plaster on metal lath, with not less than one 
inch space between the layers of plaster and between the plaster 
and the metal protected. In all cases the covered members shall 
alone support the covering. The filling between the beams sup- 
porting the floors or roof shall be arches of incombustible mate- 
rials, approved by the Commissioner of Buildings. 
Skeleton 38. Skeleton Construction—As used in this ordinance, shall 


construction. 
apply only to such buildings wherein all loads and strains are 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


transmitted all the way to the foundations by skeleton or frame 
work of rolled iron or steel. In such frame work the beams 
and girders shall be riveted or bolted together at all junction 
points. All pillars shall be made of rolled iron or steel, and 
their parts shall be riveted to each other, and all beams or gird- 
ers resting upon them shall have riveted or bolted connections. 
No cast iron lintels or columns shall be used in this construction. 
In all buildings of this construction, where the walls are carried 
by the metal frame work, the thickness of outside masonry shall 


not be less than 12 inches. 


39. Slow-Burning Construction—As used in this ordinance, 
shall apply only to buildings in which the structural members 
which carry the loads and the floors and roofs are made in whole 
or in part of incombustible materials, but throughout which all 
members are protected against fire by covering of incombustible 
non-heat-conducting materials, similar to that described under 
the definition of “Fireproof Construction,” except that single coy- 
ering of plaster on metal lath shall be sufficient protection for 
the under side of joists that are not less than 4 inches in thick- 
ness, and that two-inch planks form the rough floor beneath 
the finished floor. No floor joists shall be less than 4x12 inches. 
Where posts of greater sectional area than 100 square inches, 10x 
10, are used, they need not be covered. All partitions and ele- 
vator enclosures shall be brick or terra cotta. Fire stops shall 
be used throughout; no wooden furring or wooden lath will be 
allowed. 

40. Mill Construction—As used in this ordinance, shall apply 
to all buildings in which all the wooden girders and floor beams, 
supporting the floors and roof, have a sectional area of not less 
than 72 square inches, and above the joists of which there is 
laid a solid timber floor not less than 3 inches thick, or where 
covered with a finish floor % inch thick the timber floor to be 


not less than 214 inches thick. 


Slow burning 
construction. 


Mill con- 
struction. 


538 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Wooden posts. 


Tron structural 


to be covered. 


Iron caps for 
wooden posts. 


Ordinary con- 
struction. 


Wooden posts in. buildings of this class shall not be less in 
sectional area than 100 square inches. 

When iron structural members are used they shall be covered 
with terra cotta, or as in “fireproof construction,” but the wooden 
beams, girders and posts need not be covered. Fire-stops shall 
be used throughout, and:all wood lath and furring is prohibited. 

When wooden posts are used they shall have cone iron caps, 
so constructed as to form a base for the post next above, and 


form a continuous anchor lengthwise of girder to. girder. 


41. Ordinary Construction—As used in this ordinance, means 
the ordinary system of construction in which. timbers and other 


structural parts are not protected with fire-resisting. coverings. 


CLASSIFICATION OF BUILDINGS. 


Sec. 836. As a means of reference in this ordinance, all build- 
ings erected within the City of Memphis shall be divided into 


classes as follows, viz.: 


Class I. In this class shall be included all buildings used for 
the sale, storage or manufacture of merchandise, and all livery, 


boarding and sale stables. 


Class II. This class shall include all tenement or apartment 
houses, hotels, boarding or lodging houses, occupied by twenty 


or more people, all hospitals, asylums and office buildings. 


Class III. This class shall include all dwellings and private 


stables. 


Class IV. This class shall include all public buildings as 


defined by this ordinance. 


Buildings of Class IV shall be divided as follows, viz.: Class 
IV (a) shall embrace all buildings of Class IV in which: no 
movable scenery is used upon the stage thereof. Class IV (b) 
shall embrace all buildings of Class IV in which movable scenery 


* 


is used upon the stage thereof. 


CITY ORDINANCES. 539 


BUILDING REGULATIONS. 


Sec. 837. If buildings, the use of which. bring them within 
any of the before mentioned classes are to be applied to the use 
of any other class for which a better system of construction is 
required by this ordinance, the construction and equipment of 
such buildings must first be made to conform to the require- 
ments of this ordinance as specified, for their intended use, and 
it shall be unlawful to apply any building to a new or different 
use than that to which its construction and equipment adapts 
it under this ordinance, unless the requirements of this ordi- 
nance for such new or different use shall have first been complied 
with and a permit for such alteration or use. shall have been 


obtained from the Commissioner of Buildings. 


Sec. 838. No building shall be erected in the City of Memphis ye poilnes 
our times 


ee : F : . : - their horizon- 
that is more than four times its least horizontal dimensions iD (0) aimensions 


i adi . in height. 
height. In case of buildings that are more than one and one-half" 


times their least horizontal dimensions in height, allowance shall 
be made for wind pressure, which shall not be figured at less 
than 30 pounds per square foot of exposed areas: When the 
dead weight of the structure is not sufficient to insure stability 
against wind pressure, the following precautions shall be taken 
to insure stability: | 

First—Wrought iron or steel columns shall pass through two 


stories, with the joints broken in alternate stories. 


Second—Rigid connections must be made between all mem- 


bers. 


Third—A sufficient quantity of diagonal or portal bracing must 


‘be introduced in the construction to insure stability. 


In buildings of this character, the use of cast iron columns 


‘will not be allowed. 


Within the fire districts all buildings over five stories in Fire districts— 
buildings to 
height, or over eighty-five feet in height, except churches and Sa: fire-proof— 
when. 


grain elevators, shall be wholly of fireproof construction. 


CITY ORDINANCES. 


540 


BUILDING REGULATIONS. 


Inner fire 
district. 


Sec. 839. The maximum heights of all stories for buildings 


of Class I and II shall be as follows: 


TABLE NO. 4. 


Cellaror SDaSemien Ui stswcit oi con view teres anne ae not to exceed 15 feet 
First aStOrya cat cee cee ences asa ee eee not to exceed 19 feet 
SECOME SLOT. 6. edie sarees Wee viele aioe see eee not to exceed. 16 feet 
Intermediate Stories s:.(.s3:.5.s. ea oe eee not to exceed 15 feet 
DOD UBUOLY ce cis c sila etre eis Se is ae wet eee eee not to exceed 18 feet 


To the top of the roof joist at the highest part of the roof. 


Sec. 840. Fire District—All that portion of the City of Mem- 
phis embraced in the following described limits shall be known 


and designated as the Inner Fire District, viz.: 


Beginning on Wolf River, 150 feet north of the north line 
of Auction avenue, running east along said line to 150 feet east 
of Third street; thence south with said line to 150 feet north of 
Market avenue; thence east with said line to 150 feet north- 
east of Carroll avenue; thence with said line to 150 feet north 
of Poplar avenue; thence on said line, and parallel with Poplar 
avenue, to 150 feet east of Orleans street; thence south with 
said line to 150 feet northeast of Marshall avenue; thence east 
on said line to 150 feet east of Myrtle street; thence on said 
line to 150 feet south of Beale avenue; thence west with said 
line to 150 feet east of Lauderdale street; thence along said 
line to 150 feet south of Vance avenue; thence west along said 


line to 150 feet east of Wellington street; thence south on said 
line to 150 feet south of Broadway, or Railroad avenue; thence 


west and parallel with Broadway, or Railroad avenue, to the 
Mississippi River.* 

Sec. 841. Be it further ordained, That all that portion of the 
City of Memphis which is, by this amendment, excluded from 


the Inner Fire District be, and the same is hereby, added to and 


1 Section 840 as amended by ordinance passed. May 10, 1909. 


el 


CITY ORDINANCES. 


541 


BUILDING REGULATIONS. 


‘from the date of passage hereof shall be comprised within the 
-Middle Fire District.? 


Sec. 842, Beginning on the east bank of Wolf River 150 feet 
north of Chelsea avenue; thence parallel with Chelsea avenue 
to 150 feet east of North Bellevue boulevard; thence south par- 
allel with North Bellevue boulevard to 150 feet south of Walker 
avenue; tnence west and parallel with Walker avenue to the 
east bank of the Mississippi River.’ 

All that portion of the City of Memphis outside of the outer 
lines of the Middle Fire District shall be known as the Outer Fire 
District. 


Sec. 843. Whenever two-thirds of the property owners upon 
any block or number of blocks in connected location shall peti- 
tion for the same, and the petition is granted by the Legislative 
Council, the fire districts shall be extended to include the blocks, 
or number of blocks, mentioned in the petition; provided, that 
all changes thus provided for shall be from the outer to the mid- 
dle, or from middle to inner fire district, and never in the re- 


verse order. 


Sec. 844. Building permits imply a license to occupy a part 
of the public streets and sidewalks for private use in connection 
with actual building operations, and it shall be unlawful to 
occupy any part of the street or walk before building operations 
have commenced, or after the same have ceased. It shall be 
unlawful to place upon the street or walk anything not required 
for immediate use in connection with the structure then being 
erected, and when the building is under roof all materials shall 
be placed within the lot lines and the streets and walks cleaned 
and put in the same condition as before building operations com- 


menced. 


1 Section 841-842 as amended by ordinance passed May 10, 1909. 
2 Section 842 as amended by ordinance passed May 10, 1909. 


Middle fire 
Aatrsi 


istrict. 


Outer Fire 
District. 


To occupy 
part of streels 
—when. 


542 CITY ORDINANCES. 


BUILDING REGULATIONS. 


Sec. 845. Building permits shall not permit the use of any 
street or walk, or any part thereof, other ‘had immediately in 
front of the lots upon which the building is being erected, and 
then only to the extent of not exceeding one-third of the street 
from the lot line; when there are car tracks in the street all 
obstructions shall be kept back six feet from the nearest rail 


of said tracks. 


No obstruc- Sec. 846. No obstruction of any kind shall be placed within 
tions near fire 5 
plug. twenty feet of any fire plug or fire system. 


Where building materials are placed in public. alleys, suffi- 
cient unobstructed space shall be left open and free at all times 


‘ 


for the free passage of fire apparatus and vehicles. 


Portion of Sec. 847. Within the inner fire district that part of the street 
street used for 


ges spera- permitted to be used for building operations shall be inclosed 


inca with a tight board fence, extending from the lot line on one 


side around to the lot line on the other side, and it shall be 
unlawful to obstruct any part of the street or walk before, such 
fence is in place, and a temporary plank walk shall be built 
from the permanent walk on one side around to the permanent 
walk on the other side. The walk shall be built of four 2x12 
planks on 2x4 sleepers, with one inch space between the planks. 
During the occupation of the street, said fence and walk shall 
be kept in good repair. No shavings or straw or loose materials 
shall ever be placed upon the streets, and when materials caus- 
ing dust are to be handled they shall be kept wetted down. All 
excavations along the street or walk shall be at all times safely 
guarded and protected by suitable fence or railing. When walks 
are being built adjoining the street line the walk shall be closed 
and persons prevented from passing on sidewalks, nies the 
walks are roofed, as provided in Sec. 844 of this ordinance. 
Derricks on Sec. 848. Within the inner fire district, at buildings more 


sidewalks hen arte 
prohibited. than four stories in height, the use of derricks set upon the side- 


CITY ORDINANCES. 


543 


BUILDING REGULATIONS. 


walks ‘is prohibited. Material for such buildings shall be hoisted 
mithin the inclosing walls of same. 

On no condition will derrick posts be allowed upon the public 
streets, and in no case shall guy lines be less than 15 feet above 


the road bed. 


Sec. 849. The regulations for the use of the streets outside 
of the inner fire district are the same as the inner fire district, 
only the. fence is not required, and when three feet of the side- 
walk is left open, free and. clean, the temporary walk will not 


be required. 


Sec. 850. The gutter or waterway of any street shall not at 
any time be obstructed so as to prevent the free passage of water 


along the same at all times. 


Sec. 851. Mortar beds shall be placed and protected so as to 
protect the clothing of persons passing; in the inner fire dis- 
trict mortar beds for mixing plaster shall not be located upon 


any street or public way, unless within a closed fence. 


Sec. 852. Red lights shall be placed and maintained from 
sunset to sunrise of each day at both ends of every obstruction 
upon any street or alley, and at intervals of 75 feet along the 


Same. - 


Sec. 853. Whenever the erection, alteration or repair of a 
building is being made adjacent to the line of any street within 
the inner and middle fire districts, the Commissioner of Build- 
ings may require the whole of the sidewalk to be covered with 
two thicknesses of two-inch plank upon proper supports, ele- 
vated not less than 12 feet above the walk; the said covering 
to have a substantial guard or railing, at the outer edge the rail- 


ing to be closed, and not less than four feet in height. 


Sec. 854. The use of any part of the sidewalks for steps or 


for open areas is prohibited, but porticos, columns, pilasters or 


No fence re- 
quired—when, 


Mortar beds, 


Red lights at 
obstructions 
on streets. 


Sidewalk to be 
covered with 
plank, 


544 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Areas for 
light and 
ventilation. 


Tron doors. 


Retaining 
walls. 


Bay windows. 


other entrance features may be made to project upon the side- 
walk by special permission of the Commissioner of Buildings. 

[Show windows may be made to project upon the sidewalk 46 
inches from the building line.]* 

Areas for light and ventilation may be built upon the sidewalk 
of any street, but shall not extend from the building line onto 
the sidewalk more than three feet where the sidewalk is not 
more than 12 feet wide. No areas shall be built in any public 


alley except by and with a permit of the City Engineer, filed 


“with the Commissioner of Buildings, stating the location and 


size of such areas. 

All areas shall be covered with safe and substantial non-com- 
bustible covers, capable of sustaining a distributed load of not 
less than 150 pounds for every square foot of surface, and all 
such coverings shall be flush with the sidewalk. 

Where areas are covered with glass in iron or concrete frames, 
such glass lights shall not exceed four inches square. 

Where iron doors are used over any openings in sidewalks, the 
frame and hinges must be flush with the top of the sidewalk. 

In no case will any raised obstructions of any kind be per- 
mitted upon sidewalks. 

Retaining walls around all areas are to be of thickness and 
strength to resist all pressure against same, to be laid with hard 


brick in cement mortar. 


Sec. 855. The limitations of dimensions and of positions of 
bay windows or other parts of buildings projecting over the 
street line of any building within the city shall be as follows: 

First—No bay window or projecting part of any building shall 
be less than 12 feet above the sidewalk. 

Second—No bay window or other parts of any building shall 
project over any street or alley more than three feet,.nor over 


any street or alley that is not at least 20 feet in width. 


1 Clause in brackets passed July 5, 1905. 


CITY ORDINANCES. 


545 


BUILDING REGULATIONS. 


Third—No such bay window or projecting part of any build- 


ing shall have a frontage greater than 15 feet. 


Fourth—There shall not be more than one bay window to 


every 25 feet of frontage, or fractional part thereof. 


Fifth—No two such bay windows shall be less than five feet 
from each other; provided, that in the first and second quality 
buildings bay windows may be carried from corner to corner 
of such buildings, on a segment or an angle of not more than 
30 degrees, and only to within two feet of any corner of said 
building. The corners herein mentioned shall not extend beyond 
the limits of the lot or lots upon which the building is to be 
erected, for which the permit is issued, and the center of a 
party wall where it intersects a lot line, shall be termed a corner. 

Sixth—No such bay window shall be nearer than three feet 
190 the dividing line of the lot or premises, and no such bay 
window or oriel window shall be built to a height of more 
than 60 feet above the sidewalk level, unless built of incombusti- 


ble material throughout. 


Nothing herein contained shall, however, limit the number or 
size of any bay or oriel windows, which are built entirely within 


the street line limits of a lot. 


Sec. 856. Cornices or other projections of stone or heavy ma- 
terials shall, in all cases, have 65 per cent. of the weight of 
the same inside of the outer face of the wall, or shall be securely 
anchored so that the Cornicerahall be firmly balanced upon the 


walk. 


Sec. 857. If the written consent and a waiver of claims for 
damages against the City of Memphis of the owners of prop- 
erty abutting upon the site of any proposed building is obtained 
and filed with the Commissioner of Buildings, the permission to 
occupy the roadway and the sidewalk may be extended beyond 


the city limits. of such building, upon the same terms and con- 


Cornices. 


546 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Material to 
be used in 
buildings in 
inner fire 
district. 


ditions as those herein fixed for the occupation of the street 
and sidewalk in front of the building itself, by application for 


permit from Commissioner of Buildings. 


See. 858. Every building hereafter erected or altered within 
the inner fire district shall be of brick, stone, steel, iron or 
other substantial and incombustible material, except as other- 


wise provided for. 


No wooden building or structure shall be moved to any lot 


within the inner fire district. 


No frame structure, building or shed shall be erected, altered 


or raised within the inner fire district, except as herein pro- 


Grain 
elevators. 


Joists. 


vided. 


All roofs within the inner fire district must be of incombusti- 


ble material, approved by the Commissioner of Buildings. 


Grain elevators, located along railroads and river front, if 
isolated, may be erected within the inner fire district, provided 
ihat crib construction is used not less than six inches thick, and 


that the walls are covered on outside with sheet iron sheathing, 


and the roofs to be of incombustible material. 


Location of all grain elevators must be approved by the Legis- 


Jative Council. 


q 
No brick walls within the inner fire district to be less than 


13 inches thick. 
No stone walls within the inner fire district to be less than 


18 inches thick. 


Within the inner fire district no joists or girders are to be 
built into the walls, but shall be supported by pilasters, offsets or 
standard joist hangers or corbels* of approved and proper strength 


and: size. 


1 The words ‘‘or corbels’? amendment of April 22, 1903. 


CITY ORDINANCES. 


547 


BUILDING REGULATIONS. 


Within the inner fire district all flues to have the walls in- 
closing same not less than eight inches thick throughout the 
entire height of same, and plastered on inside, and all bricks 


to be push-placed. 


Sec. 859. Within the inner fire district all dormers, gables, 
domes, towers, spires, cornices, gutters, bay windows, balconies, 
porches, bulkheads, tank houses, roof covering and other append- 
ages placed on buildings shall be constructed of incombustible 
materials, except as herein provided. Lookouts for metallic cor- 


nices must be of angle iron and walled into solid walls. 


Sec: 860. No wooden or canvas sign over 24 inches in width 
shall be placed upon the side or top of any building within the 
inner fire district, nor shall any such sign have other than the 
ends nearer than five feet of any other sign of wood or canvas, 
nor shall any such sign project over the lot line upon any 
street of the city, except by and with the approval of the Com- 
missioner of Buildings. [No such signs to remain on building 


or elsewhere longer than 60 days.]* 


Flues. 


Gables, domes, 
bay windows, 
ete, 


Signs. 


Sec. 861. All permanent signs or other appendage placed upon - 


the top or sides of buildings, within the inner fire district, shall 
be wholly of incombustible materials, and the hanging, placing 
end fixing of all such work shall be subject to the approval ot 
the Commissioner of Buildings. The placing and securing of 
all bill boards and like structures shall be subject to like ap- 
proval, and neither shall be erected without a written permit 


of the Commissioner of Buildings. 


Sec. 862. No bill boards, or bulletin boards, or any other ad- 
vertising boards of any character shall be erected or maintained 
within the limits of the city, except as herein specified: Ten feet 


in height, to have 6x6 posts, 4 feet in the ground; 12 feet high, 


1 In brackets amendment Section 860 passed November 28, 1906, 


Bill boards. 


548 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Not to move 
wooden struc- 
ture—when. 


Buildings for 
exhibition. 


Frame work— 
when. 


Storage of 
grain or ice. 


to have 8x6 posts, 4 feet in the ground; 16 feet in height, to 
have 8x8 posts, 5 feet deep in the ground. All posts to be set not 
more than eight feet from center to center, and to be braced from 
the rear with diagonal braces. Every bill board or bulletin 
board, or any other advertising board, to have a space left open 
at the bottom of a height of three feet, running the entire length 
of the board, except where the entire lot is inclosed, in which 


case they may run to the ground. 


Sec. 863. No frame or wooden building or structure shall 
be moved into any locality where it would be unlawful to build 
such a building or structure, provided that outside of the inner 
fire district, with the approval of the Commissioner of Buildings, 
frame buildings may be moved from the front of the lots toward 
the rear of the same lots for the purpose of making room for 


better improvements in front. 


Sec. 864. Whenever any person, firm, corporation, exposition 
commissions, or the officers of said city, shall wish to erect 
a public building, or buildings for exhibition, shows or other 
purposes, and desire to use in the same materials which do not 
conform to the requirements of this ordinance, the same may be 
authorized by the Legislative Council, provided the plans and 
specifications for the same meet with the approval of the Com- 


missioner of Buildings. 


Sec. 865. Outside of the inner fire district, buildings used as 
dwellings or private stables may have the gables, dormers, 
porches and all of the walls constructed of frame work, except 


as herein provided. 


Sec. 866. Outside the inner fire district buildings used exclu- 


sively for the storage of grain or ice may be constructed with 


2 Section 862 passed November 28, 1906, 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


solid wooden walls in the manner known as “crib construction,” 


provided that such walls shall not be less than six inches thick. 


Sec. 867. Outside of the inner fire district frame buildings 
may be erected not exceeding two stories, basement and attic, 
in height. If such frame building has a basement story of ma- 
| sonry the top of same shall not exceed six feet above the highest 


grade. 


Sec. 868. Outside of the inner fire district tank houses, bulk- 
heads, etc., upon the roof of any building may be built of wood 
and covered with tin or iron, cement, plaster or metal lath or 
tile, but such structure shall not be over 14 feet in any dimen- 
sion, nor shall there be more than one such structure upon any 


one building. 


Sec. 869. Outside ofthe inner fire district, pavilions, summer 
houses and children’s playhouses may be built inside of private 
grounds, of wooden frame work, provided that such structures 
are not nearer than 10 feet of any brick or stone building, or 
within 20 feet of any frame, and it shall be unlawful to use any 
such building for any other purpose than those mentioned in this 


section. 


Sec. 870. Permits to alter or raise wooden buildings shall 
be given for such buildings located outside of the inner fire dis- 
trict, provided they do not involve an enlargement or raising 
of such buildings beyond the limits of dimensions herein pre- 
scribed for frame buildings, and if the strains upon material 
thereof are kept within the maximum strains herein fixed for 
the same; and if, further, said frame building has not been 
damaged to any extent greater than 50 per cent. of its original 
value by fire, wear and tear, the action of the elements, or 


otherwise. 


Tank houses, 
bulkheads. 


Pavilions, etc, 


To raise 
wooden build- 
ings. 


550 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Yo raise 
frame build- 
ings. 


To veneer 
frame build- 
ings. 


Sec. 871. Any frame building may be raised for the purpose 
of constructing a basement story under such building. The 
principal floor of such building shall not be elevated more than 
six feet above grade of-sidewalk, except one-story cottages, which 


may be raised twelve feet. 


If the building to be raised is a church or other hall or assem- 
vily room, the thickness of the basement wall shall be proportioned 
to its length and other conditions, to be approved by the Com- 
missioner of Buildings; provided, that if, in the opinion of the 
Commissioner of Buildings the raising of such building, by 
reason of its condition or situation, or of its being detrimental 
to surrounding property, or to the health of the inhabitants of 
that vicinity, then and in that case a permit to raise such 
building shall not be issued by said Commissioner of Buildings, 


and that his decision thereon shall be final. 


The above and foregoing shall apply and be applicable to any 


and all cases where the buildings proposed to be raised may be 


or shall have been affected by a change of grade, or the grading 


of any street or streets or otherwise. 


Sec. 872. Any existing two-story frame building outside the 
inner fire district, used exclusively for dwelling, that is in good 
condition and suitable for the purpose, may be veneered three 
ie) eight inches of stones or brick, the Commissioner of Build- 
ings having examined such structure and given his permit for 
such veneering. In the same fire districts two-story frame build- 
ings may be erected for dwellings and veneered as above pro- 


vided. 


Sec. 873. Outside of the inner fire districts frame structures 
may be finished on the exterior with stone or brick veneer, 


cement, stucco, slate, sheet metal or dressed wood. 


The use of rough boards and battens is prohibited. 


a 


CITY ORDINANCES. 


BUILDING REGULATIONS, 


Sec. 874. Whenever it is proposed to begin any excavation for 
any building, and there shall be walls or structures wholly or 
partly on adjoining lands, or near the intended excavations, 
then the party causing such excavations to be made shall notify 
the owner or owners of such adjoining walls or structures ot 
such intended excavation at least 15 days before starting same, 
and also of the depth to which it is proposed to make said 
excavation. The owner or owners of the adjoining walls or 
structures shall have the right to enter upon the property of the 
party causing the excavations to be made, for the purpose of 
securing their walls or structures, at such times as he or they 
are notified that such excavations are to be made, and within 
fifteen days after receiving such notice shall proceed to care 
for and make safe his or their wall or structures to the depth 
of sixteen feet below the curb line immediately in front of 
said wall or structure. In all cases where the walls have been 
extended to this depth (sixteen feet), then the party causing 
the excavations to be made shall at his own expense underpin 
and protect and sustain all adjoining walls that are down to the 


depth of sixteen feet. 


/ 
Sec. 875. In case the owner or owners of the adjoining walls 


or structures neglect, fail or refuse to properly protect their 
walls, or structures, then the party causing the excavations to 
be made shall notify the Commissioner of Buildings, in writing, 
certifying that the first notice mentioned in the preceding sec- 
tion has been served, and upon whom, and how served; then 
the- Commissioner of Buildings shall, in writing, notify the 
person or persons mentioned in the first notice and any others 
he may deem to be in any way interested, that excavations are 
to be made adjoining their walls or structures, and that they 
are required by the ordinances of the city to underpin, protect 
and support their walls or structures to the depth of sixteen 


feet below the established grade of the street; and in case they 


Excavations. 


To proteet 
walls for 
excavations, 


552 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Fovndations. 


fail or refuse for a period of three days after being so notified 
by the Commissioner of Buildings, the Commissioner of Build- 
ings may enter upon the property, employ such labor, purchase 
such materials and take such steps as in his judgment may be 
necessary to make the adjoining walls or structures safe and 
prevent the same from becoming unsafe or dangerous, at the ex- 
pense and cost of the owner or owners of such adjoining walls 
or structures. Any party doing such work or furnishing. said 
materials, or any part thereof, under and by direction of the 
Commissioner of Buildings, may bring and maintain an action 
against said owner or owners, in the same manner as if he had 
been employed to do said work or furnish said materials by the 


owner or owners of said walls or structures. 


Sec. 876. All excavations shall be so protected’ by persons 
making them, that adjoining soil shall not cave in and shall 
be properly guarded and protected so as to prevent the same 
from becoming dangerous to life, limb or property. 

The Commissioner of Buildings shall have power to cause the 
removal of all building materials from any public alley and close 


same to prevent caving, and the persons making the excavations 


: shall put down sheet piling for protection. 


Sec. 877. Every brick, stone or iron building. hereafter erected 
in the City of Memphis shall be built upon. a foundation, the. foot- 
ing or-lowest course of which shall not be less than twenty-four 
inches below the natural surface of the earth, and upon. firm, 
solid ground, suitable for the purpose. In case solid ground is 
not reached then the footings shall be laid upon driven piles, 
timbers, rip-rap or such other work as shall be approved by the 
Commissioner of Buildings. Foundations shall not be laid upon 
made or filled ground, or on soil containing admixture of organic 
matter. The surface of the ground around all buildings shall 
be graded so that the water shall drain away from :the walls 


of the buildings, 


CITY ORDINANCES. 


553. 


BUILDING REGULATIONS. 


Sec. 878. Piles intended for a wall, pier or post to rest upon, Piles. 


shall not be less than twelve inches in diameter at the butt 
end, and shall be spaced not more than thirty-six inches between 
centers and less if required by the Commissioner, and shall 
be driven to a solid bearing and have their tops at an elevation 
to insure constant immersion. 

There shall not be less than two rows of piles under all 
external or party walls, excepting under walls -not exceeding 
twenty feet in height, where a single row of piles may be used 


if deemed advisable by the Commissioner of Buildings. 


Where ranging and tapping timbers are laid on piles for 
foundation, they shall be of hard wood, not less than six inches 
thick, and properly joined together, and laid at a depth to 
insure constant immersion. 

The greatest load to be allowed on any pile shall be deduced 


from the formula: 


2x WxH 
S+1 


L equals 


In which “L” equals the safe load in pounds; 
W equals weight of hammer in pounds; 
H equals fall of hammer in feet, and 
S$ equals penetration under last blow in inches, 
assumed to be sensible and at an approximately uniform 


rate. 
Where a steam hammer is used, the following formula may be 
applied: 
2xWxH 
S+1 


L equals 


Sec. 879. The foundation walls of every building, and the 
internal supports shall rest upon footings of stone, hard-burned 


brick, concrete, steel or iron bedded in concrete; and such foot- 


554 


CITY ORDINANCES. 


e 


BUILDING REGULATIONS. 


External walls. 


Footings to 
brick founda- 
tions. 


ings shall not be less than 12 inches wider than the wall or 
pier immediately above them, and the foundation soil shall not 


be loaded more than the following: 


Persoaits, 
Dry. hard: clay 62 Cans Sa ele ee oe 3 tons 
Moderately dry clay.) 202. 0. 2. Pr 2 tons 
Sott, wet, Clay a 2a Saw aw bee soe etna he Cae 1 ton 
Quicksand or alluvial soils-.: oye seesd. ssa sae eee 1% tons 
Clean, ALY “SAN dye ves aise ayes sid hae ee ae ele eee 2 tons 
Sand, compact and well cemented 3...3.%5, i992 3a eee 4 tons 
Gravel and: coarse sand, well.cemented. <........ ce eee 8 tons 


The width of all footing and ranging timbers shall be at 


least sufficient to meet these requirements. 


Sec. 880. Buildings whose external walls are over 60 feet in 
height shall have,dimension stone footings of hard lar igated 
stone or Portland cement concrete, not less than twelve inches 
nick and if of stone, the stone shall cross the wall in one 
length, and project equally on both sides, except on party lines. 
When the external walls of any building exceed eighty feet in 
height the footings shall rest on a bed of concrete not less than 
fifteen inches in thickness and twelve inches wider than the 
footing laid upon it. If brick footings are used they shall be 
“stepped up” in double Pourees with two-inch offsets; this is to 


apply to buildings of Classes I, II, and IV. 


The footings to brick foundations and piers to buildings of 
Class III shall start with a double course at bottom, and 
single offsets above same, not to exceed two inches at each 
course. If iron or steel beams are used as part of the footings 
they must be placed in a bed of concrete extending not less than 
eight inches below and on all sides of the rails; the ingredients 
of the concrete must be such that after proper ramming the 
interior of the mass will be free from cavities. The off-sets of 


concrete footings to be one-half of the course below. 


CITY ORDINANCES. 


555 


BUILDING REGULATIONS. 


See. 881. Foundation walls shall be built of stone, hard- 
burned brick (and with cement mortar) or concrete; if built 


of brick they shall not have a less thickness than shown in Table 


No. 3 to a depth of sixteen feet below the grade line, and for 


every additional ten feet, or part thereof, deeper, they shall 
be increased four inches in thickness, except as provided in 


Section 880 of this Ordinance. 


Sec. 882. In all Buildings of Classes I, II and III, the distance 
between the bottom of the first floor joists and the ground shall 
not be less than two feet, and such space shall be well ventilated 


and drained. 


Sec. 883. In all buildings of Class III all brick or stone piers 
or walls shall not be less than eleven inches in the ground, and 


more if solid ground is not reached; footings to all piers and 


walls to be not less than four and one-half inches all around, 


with two offsets; timbers for this class to be as follows: Sills 
must not be less than 4x8 inches for one story dwellings; for 
two story dwellings 6x10 inches; joists for frame dwellings, Class 
III, to be as follows: 2x8 inches, and must not be longer than 
fourteen feet; 2x10-inch joist must not be more than eighteen 
feet long, spaces twenty-inch centers. Double headers and 
trimmers along all hearths and ffire places. All joists to be 
cross-bridged; 2x4-inch ceiling joists must not be longer than 
twelve feet; 2x6-inch ceiling joists must not be longer than 
eighteen feet; space for wood ceiling not more than twenty 
inches, plastered ceiling sixteen inches. Stud partitions sixteen- 
inch, plastered partitions sixteen-inch centers. Rafters for pitch 
roof, 2x4 inches, not to exceed twelve feet in length, space not 
to exceed twenty-four inches on centers; 2x6-inch not to exceed 
twenty-four feet in length, and spaces not to exceed twenty-four 
inches on centers, and have wind braces one in their height. 


Valley rafters not to be less than 2x8 inches, and not longer 


Foundation 
walls, 


Buildings of 
Class 
Rally and 11k 


556 CITY ORDINANCES. 


PUILDING REGULATIONS. 


than sixteen feet. Valley rafters over twenty-four feet long to 


be doubled with not less than 2x10 inch. 


Sec. 884. Foundation walls for veneered buildings are not to 
be less than twelve inches in thickness, if of brick, and not less 


than eighteen inches in thickness if of stone. 


Sec. 885. Frame buildings of Class III, not having, cellars 
under same, may have nine-inch foundation walls. 

Piers 9x21 inches, spaced eight feet on centers, may be used 
to support one-story frame buildings, provided ,that the height 
of the piers does not exceed eight times their least horizontal 
dimensions; if so, add four inches to thickness. 

Two-story frame buildings may have 9x25-inch piers under 
sills, spaced eight feet on center, provided the height does not 
exceed three times the least horizontal dimension; if so, add 
four inches to the thickness. The height to be measured from - 
the bottom of footings, which shall be double the width of walls 


or piers. 


Sec. 886. The load placed upon walls, piers, or other sup- 
ports of masonry, shall never exceed the limit given in Table 


No. 5. 


TABLE NO. 5. 


Safe Load 

Per Sq. Ft. 

Tons. 

Ordinary brick, laid. in Jime::mortar.). 622.25... 20 ee 3 
Ordinary brick, laid in natural cement mortar .......... 5 
Hard brick, laid in. lime mortar... 2. io5...0 5 ee 6 
Hard ‘brick, laid in. natural-cement mortar: 2.23.6 220 eee 8 
Press .brick, laid in natural: cement..mortar sy... oe 10 


Press brick, laid in Portland cement mortar ......../....../2. 12 


1 Section 883, amendment January 5, 1905. 


CITY ORDINANCES. 557 


BUILDING REGULATIONS. 


Doute mtimestone “Mupbies MASONLyY 5. <0. css n ccc ceeciees 5 
SimmiiematmMestone dimension StONe §. 2.62.6 kc clee ecae wee 6 
Oolitic limestone, dimension, with dressed beds ............ 7 
(NE ye a ya Seat el pi i i ae 125 
SUES EMEE DC Ceret Oot ta ae sta ea G12 Viihe «vila ew we © 8 5a Gwyn dies was pieces 104 
etme eee tr OF Ulan ds CONTE). cule vis: s'a tw vie os sus ers a oe wo weleca 4 


The external walls of all buildings embraced in Class I, and 
all buildings over four stories in height, shall be of a thickness 


not less than indicated by Table No. 2. 


TABLE NO. 2. 


Thickness of Walls in Inches. 


| es aes 
| i eens Sik 
PlO| PI Sim) bi/2 61 P| Pla] s 
A MIS ER Sle) HIRISI S16 wh 
No. of Stories pre MS Sin|sis R/S |S] a 
YO Yay | | 0 OS ea |S 
SSPE oS a1 Spore eles 
mi 2is|slsisi%if imi e|/e/5/e 
= | @ || Ole | | Dee | eet | @D | = 
Oye Qe Bie nn BZ eee 
Pare be | eee 
OCG gt a gS Vitis anf | 
I oO a ae ae 17/13/13 | | | 
TDS Se A en Re |21}17)17/13) Lai. | Fal 
OTS ie cae ne 25|21|17/17|13 [ever ts” | 
NM Ee Perse past et eae ateus §.caes 25/21) 21/17/17|17 
USS oe cl lelectra 29)25/21)21|17|17/17| | | 
LIM et oo) Tos ois Ko a8e. 8 aswee 29) 25) 21|21/21/17|17|17| 
(2 LAUD e sh ol a ne a ea ee 33| 29/25) 21|21/21)17/17|17| 
Pe en akan cisco oe tes 33/29|25/25/21/21/21)17|17/17| | 
OC ae a de ai aia area 37|29|29)25|25/21)21|21)17/17/17| 
nM OE ey ao ah cic ca shee 41/29) 29/25) 25) 25/21|21/17/17|17|17| 
MNNUMETIERMI Nara e oo, Se ecahcltccs's. tovle'a. 41|29]29 | 29) 25/25/25) 21/21|21)17/17/17 
SOO eet sg lon coe a ee ale 


Where it is desirable or necessary to increase the heights of "Yo increase 
stories more than heights given in Table No. 1, the walls of the toctaa ee kg 
buildings shall be increased four inches in thickness from the 
ceiling beams of such story so increased to the bottom of the 


foundation. 


Sec. 887. All buildings that are over 100 feet in width, or over 


150 feet in depth, without proper cross walls or buttresses, 


558 


CITY ORDINANCES. 


¢ 


BUILDING REGULATIONS. 


Party walls. 


Hollow walls. 


shall have all external and party walls increased four inches in 
thickness, and a further increase of four inches for every fifty 
feet, or fraction thereof, said walls are longer than the above 


dimensions. 


If in any horizontal section through any wall in any building 
there shall be more than twenty-five per cent, of flues and open- 
ings, then such wall shall be increased four inches in thick-. 
ness, and the walls below made the same or greater in thick- 


ness. 


If the distance between bearing walls or bearing wall and 
girder is twenty-four feet or over, then such wall shall be 


increased four inches in thickness. é 


Sec. 888. Party walls (a) intended for the use of two or more 
owners, when not over four stories in height, shall riot. be 
less than four inches thicker than is required by Table No. 2. 

When five stories or over in height the thickness of walls at 
the top story to be not less than seventeen inches, with the thick- 
ness of walls at each story under same increased four inches 
more than given in Table No. 2. 

Party walls (b) between buildings, belonging to the same 
owner and erected at the same time, shall not be less in thick- 
ness than shown in Table No. 2 for external walls for buildings 


of the same class. 


See. 889. In all walls the same amount of materials may 
be used in piers or buttresses or for hollow walls, but when 
such construction is employed it shall be subject to the approval 
of the Commissioner of Buildings.- All hollow walls shall be 
properly bonded together with brick, stone or terra cotta or with 
galvanized iron wire ties, not over three feet apart in any 


direction. 


Sec. 890. Buildings of Class I, outside of the inner fire district, 


when not over forty feet in length, and not over twenty-five 


CITY ORDINANCES. 


559° 


BUILDING REGULATIONS. 


feet wide, and not exceding sixteen feet in height, may have 


walls four inches less in thickness than given in Table No. 2. 


Sec. 891. Partition walls may be four inches less in thickness Partition 


than the dimension shown in Tables Nos. 2 and 3, for external 
walls, provided, that no brick wall shall be less than nine inches 
in thickness, and no nine-inch wall shall exceed two stories in 
height, or sixty feet in length; and no thirteen-inch partition 
wall shall exceed three stories in height, or 150 feet in length, 


without cross walls, or proper buttresses for lateral support. 
ry 


Sec. 892. Walls facing courts, light shafts or wells, if not 
bearing walls, may be four inches less in thickness than given 
in Table No. 2, provided no wall is less than thirteen inches 


thick. 


See. 893. In the middle and outer fire district, the external 
walls of all buildings embraced in Classes II and III when not 
more than four stories in height, shall be of a thickness not 


less than that indicated in Table No. 3. 


TABLE NO. 38. 


Thickness of Walls in Inches. _ 


f 
| 


so > 
> 3 sy } 
: : he) a a fo) ar 
No. of Stories. = = wn Pr 2 
Pan Rare ae = 
® ta = ie E 
mM ei © _ ba 
59) _ ® =| jo) 
; Fy nN G cs 
yin BUGS eS aay ae hat? 9 | | 
PCPA VOL. Sad 06 ohc5d cg a bo > oe 17 3 a fe 
MeL SLOLY | ash dss lala se Gee's ts 21 Le 3 3 
los Te ONS ea ale oun pe a a 21 LZ Le yg fd BY 


Provided, that dwellings and private stables may have thirteen- 
inch walls in the basement and nine-inch walls on the second 


story; and provided further, that no nine-inch wall shall haye 


walls. 


External 
walls. 


560 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Party walls. 


a greater length than forty feet, or greater height than twelve 
feet, when so used without cross walls or proper return angles 


to stiffen said walls. 


Party walls in buildings not exceeding four stories high, of 


Class II to be four inches thicker than indicated by Table No. 3. 


Sec. 894. If buildings are made fire-proof entirely and have 
skeleton construction so designed that their inclosing walls do 
not carry the weight of the floors or roof, but are themselves 
supported by the foundation and properly anchored to metal 
framework, the walls may be the thickness called for in Table 
No. 4. 


TABLE NO. 4: 


Thickness of Walls in Inches. 


> 

na) wl 

> > | 

>|B/ 215 >| pi S| BIB PIS |S 

No. of Stories. B/Slalisinisis iV alsie|o|2@ 

® | <7 wm || Ni! \.q 

<2 so} si 2 ~ | 4 qd|+ 

AlolialivlS| al alslizialal| sls 

MViHlol a HIS iSldlalelelisis 

B(H) || o(41 415] iS Slate 
o m | om | OD an) 

RQ) eh) nin AZ ele 

| | 

| Fe eee 
OHO wean ae os oe pec aes felis ios 13/13 | eaten 
TWO S orn iceoy tis ere meee 17}13} 13; eet Meher h | 
Three sient eet ern 17|13)13]13] | eb) ee 
POUr Ae ieee a pete Gees 21/17)13!13/13 | oc] S30 aa ae 
HiV@.. co ao ee Oy eee a 21)17|13}13)13/13; | | PN 
BIA wss coetenuser see eananens 25/17|17|13/13/13/13] | | ole 
SCV6N «2c cee ee ce eine se ees (oO (LiL GIL 13) 151315) 
Hight Uie aap eee ee 29)21)17/17)17)13}13)13/13] |- | | 
NID sich Pe oe eaten 29|21)21)17/17/17/13/13}13/13]} | | 
Ten Coe Ree ner eer ee 29/21|21]21/17/17/17|13/13]13/13} | 
Hlevenw 4 gc en ee aoe 33|25|21)21/21]17|17/17|13]13/13]13| 

Twelve. co bneeer eo eee |33/25|25!21)21/21/17/17|17|18]13|13/13 
Pevame ree nea re ies ned | oe 


In Tables Nos. 2, 3 and 4, a thirteen-inch wall means one and 
one-half brick thick, and for each four-inch increase in thickness 


means a half brick added. 


CITY ORDINANCES. 


561 


BUILDING REGULATIONS. 


See. 895. All changes in the thickness of walls shall be at 
the top of the joists, and not otherwise, and that portion of the 
walls above the ceiling joists shall be of the same thickness as 
given for the upper story, and when the external or party walls 
pass more than four feet above the last joists it shall be classed 


as a full story. 


Sec. 896. All interior walls supporting joists shall be carried 
up to the top of said joists and plastered flush with the top of 
the joists, unless the same are the ceiling joists, which in all 
flat-roofed buildings and in all buildings of Class I and IV, the 
walls shall be carried to the top of the roof joists, leaving no 
openings in the attic, unless said openings are covered with 
iron doors, and said doors closed at all times when not. in actual 


use. 


Sec. 897. In no case shall the front or side walls of a building 
be carried up more than ten feet in advance of the other walls, 
unless by permission of the Commissioner of Buildings, in 
which case iron anchors shall be built into all angles and 


joinings. 


Sec. 898. The front, rear and side walls shall be properly 
bonded together, or anchored to each other every five feet in 


height, by suitable wrought iron anchors at the corners. 


Sec. 899. The external and party walls of all buildings with 
flat roofs shall be carried at least thirty-six inches above the 
roof and coped with stone, cement, iron or terra cotta, except 
such walls as are finished with a gutter or cornice, when the 


walls shall extend to the under side of the roof boards. 


All parapet or fire walls extending over four times their 
thickness above the roof timbers shall be securely braced with 


iron braces, each twelve feet in length of wall. 


Changes in 
thickness of 
walls. 


Interior walls. 


Side walls. 


Party walls. 


Fire walls. 


562 


- CITY ORDINANCES. 


BUILDING REGULATIONS. 


Opening in 
party wall. 


Recess for 
pipes cut into 
wall. 


Sand in 
mortar. 


Salmon brick. 


Sec. 900. It shall be unlawful to cut or leave any opening in 
any division or party wall above the first story, except as herein 
provided; all such openings to be approved by the Commissioner 
of Buildings, and a permit issued therefor. Every opening lett 
in or cut through a division or party wall shall be closed with 
jron or metal-covered doors, hung on each side of the wall: to 
iron or metal-covered frames, or to.iron hinges bolted through 
the wall; all such doors shall be self-closing, and held open only 
by a cord that will readily burn and allow the doors to close. 
No such opening shall be more than ten feet in height or width, 
and all such openings shall be closed at the end of each day’s 


business and not opened until the next business day. 


Sec. 901. No recess for pipes, ducts or other purposes shall 
be cut into any wall more than one-third the thickness of the 
wall, and then only in vertical lines, and no recessing or cutting 
shall be done in any nine-inch wall, nor nearer than six feet 
of any outer angle; horizontal recessing is unlawful. All recess- 
ing or openings in walls shall be filled in solid around pipes Or 
ducts, from twelve inches below to twelve inches above the 


joist with cement; all recesses to be plastered with cement. 


Sec. 902. All brick laid in non-freezing weather shall be wet 
immediately before. being laid. The sand used for mortar in 
all buildings shall be clean, sharp and coarse sand, to be well 


washed and free from loam or other voids. 


Sec. 903. No salmon brick shall be used in any building where 
exposed to the weather, or in piers, nor in any part of any 
wall where there is unusual weight, or where there is more 
than thirty-five feet of wall above them; and in no case shall 
more than 15 per cent. of salmon brick be used, and no old 
brick shall be used in buildings of Classes I, II and IV. No 


chimneys to be built of old brick in any building. 


CITY ORDINANCES. 


563 


BUILDING REGULATIONS. 


Sec. 904. The walls, piers, buttresses and other portions in all 
buildings shall be properly bonded and solidly put together with 
close joints filled with mortar; they shall be built to a line, and 


carried up plumb, straight and true from bottom to top. 


See. 905. All brick walls and piers shall be built with headed 
courses at least every fifth course, the headers slapped over each 
other and going through the wall, except where face brick are 
used. 

Press brick facing must be bonded to backing at least once in 
every five courses by solid header or clipped corners for blind 
headers.’ 

Pressed brick facings must be bonded to the backing at ieast 
once in every five courses by solid headers or galvanized iron 
wall ties; the clipping of corners for blind headers is prv- 


“hibited. 


Sec. 906. Walls may be built with a facing of. stone, terra 
cotta or other suitable materials securely tied to a backing not 
less than nine inches of hard-burned brick laid in proper manner, 
but the thickness of backing shall not be less than required for 


brick walls of the same height. 


Sec. 907. No wall of brick or stone shall be supported in 


‘whole or in part by wooden posts or girders. 


Sec. 908. Walls heretofore built for and used as party walls, 
whose thickness at the time of their erection was in accordance 


with the then existing laws, may be used if in good condition 


Walls bonded. 


Brick walls. 


Brick facing. 


Stone facing. 


Wall support. 


Party walls 
heretofore 
built, 


for the ordinary uses of party walls; provided their height is not — 


increased or the load placed thereon comes within the limit of 


safety. 


Sec. 909. Four and six-inch hollow tile partitions of hard- 


burned clay, or porous terra cotta, may be built not exceeding 


1 Section 905, paragraph 2, amendment January 5, 1902. 


Hollow tile 
partitions. 


564 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Openings for 
doors, ete. 


Ends of 
girders, ete. 


Walls of light 
and elevator 
shafts. 


fourteen and sixteen feet in height, respectively, and in their 
horizontal measurements forty feet between cross walls, piers 
or buttresses, but such partitions shall not be used for bearing 
walls. All such partitions are to be solidly put together in lime 
or cement mortar, and carried upon proper beams or girders; 
when only one story in height they may rest upon wooden beams 


or girders; to have iron stiffeners. 


Sec. 910. All openings for doors, windows and the like, all 
walls of masonry, shall have good and sufficient arches with 
sufficient abutments, or shall have lintels of stone or iron, of 
sufficient strength. All arches not having sufficient piers or abut- 
ments to resist the thrust of the arch when loaded shall have 
proper tie rods to prevent the arch from spreading the walls; 
low flat arches shall not be used unless over iron or stone lintels. 
All wooden lintels used in walls, where the opening will permit, 
shall have the upper side cambered and shall have two or more 
rows of rock arch over them. No wood or combustible materials 
shall be used in any stone or brick wall, except cambered lintels 


for arch forms. 


Sec. 911. The ends of all girders, lintels, beams, trusses, 
posts or other supports shall rest on hard flat stone or iron plate, 
of sufficient size as will spread the weight over sufficient super- 
ficial surface that the stress upon the masonry or the earth 
shall not exceed the safe limit hereinafter mentioned and pro- 


vided for in Table No. 5 and Section 879. 


Sec. 912. The inclosing walls of light and elevator shafts shall 
in all cases be built entirely of incombustible materials. The 
use of hollow tile or terra cotta for walls of light or elevator 
shafts is permitted, but such inclosing walls shall be firmly 
anchored to the timber or iron framing of each floor. Where 


the walls of light or elevator shafts begin at any point above the 


CITY ORDINANCES. 


565 


BUILDING REGULATIONS. 


foundation of the building, their means of support shall consist 


entirely of fire-proof materials. 


Sec. 913. Walls built of rubble stone work shall not have a 
less thickness than four inches thicker than shown in Tables 


Nos. 1, 2 and 3. 


Walls built of dimension stone equal to Oolitic limestone, 
may be of the same thickness as shown in Tables Nos. 1, 2 and 3, 


when that thickness exceeds seventeen inches. 


Sec. 914. All stone walls twenty-four inches or less in thick- 
ness shall have at least one header extending through the wall 
in every five feet in length of the wall and every three feet in 
height; all walls over twenty-four inches in thickness shall 
have the same number of headers running into the wall two- 
thirds of the thickness of the wall, to be lapped with headers 
from the opposite side of the wall. All headers shall not be 
less than twelve inches in width, and not less than six inches in 
thickness; and all stone built into any wall shall be laid on the 


natural bed. 


Sec. 915. All piers, buttresses or pilasters that carry two-thirds 
of their safe load and are less than five feet on any side shall 
have cast-iron plates or bond stones every four feet in height, 
the bond stones shall be not less than six inches in thickness, 
and the full size of the pier buttress or pilaster; and all such 
piers, buttresses and pilasters shall be capped with a stone or 


iron cap. 


Sec. 916. No pier of masonry which carries one-half of its 
safe load shall exceed in height more than six times its least 
horizontal dimension, nor shall any such pier, buttress or pilaster 
be built in freezing weather. All brick laid in such members 


shall be push-placed, or grouted at each course. 


Rubble stone 
work, 


Dimension 


stone, 


Stone walls. 


Piers, ete. 


566 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Chimneys or 
flues. 


Flues. 


Sec. 917. Chimneys or flues in all buildings over one story 


in height shall have the walls at least nine inches thick, unless 


lined their entire height with tile or cast-iron flue linings, in 
which case the walls outside of the linings may be. reduced to 
four inches except as hereafter provided. Stone flues shall have 
walls not less than nine inches thick, in addition to the tile 
linings. The inner side of all flues not lined shall be plastered 
smooth from bottom to top. All brick laid in any flue shall be 
push-placed. All flues cut or placed in old work in buildings of 
Classes I, II and IV shall have the slot plastered from bottom 
to top, to be lined the full length with cast-iron or terra cotta 
flue linings, which are to be enclosed with brick work having 
angle iron at the corners, to be well bonded and anchored to 
the old work, with iron anchors every ten feet in height. No 
smoke fiues to be less than 8x8 inches in size. 

In buildings of Class III flues and chimneys may be built with 
four-inch inclosing walls, plastered on all external surface where 
same may come within two inches of any wood, and in no case 
shall any framing be less than two inches from the inclosing wall 
of such flues. 

In no Gee shall any flues or chimneys be supported by wooden 


or frame construction. 


Sec. 918. No flue shall be corbelled from any wall more than 
one-half the thickness of the wall, nor shall any chimney or 
flue rest upon any wood construction. 


No chimney shall be built nearer than six feet of any outer 


angle of any building, unless the outer wall of such flue is not 


less than thirteen inches in thickness. 
No chimney shall be drawn to one side more than one-third 
of its size, unless supported on metal, or incombustible frame 


work, approved by the Commissioner of Buildings. 


Sec. 919. No wood furring shall be placed against any flue 


or around any chimney or fireplace, nor shall any wood work 


Poe 


CITY ORDINANCES. 567 


BUILDING REGULATIONS. 


be placed within eight inches of any chimney or flue, except 


the base or waincoting outside of the plastering. 


Sec. 920. Smoke flues with an area greater than 169 square 
inches and less than 500 square inches, shall have walls not less 
than nine inches thick, and the top of such flues shall extend 
at least five feet above the highest window opening of any build- 


ing within fifty feet of such chimney. 


Sec. 921. Smoke flues of a greater area than 500 square inches 
shall have hollow walls in which there shall not be less than 
sixteen inches of brick work and four. inches of hollow space 
between the walls. The iop of such flues shall extend to the 
height of not less than twenty feet above the highest window 
opening into any building within sixty feet of such chimney. 
From a distance of two feet below the smoke inlet to a distance 
of twenty feet above the same, chimneys having a greater area 
than 169 square inches shall be lined with Are brick laid in 


clay. 


Sec. 922. No furnace, range, boiler or other heating apparatus Furnace, range 
having a grate surface of more than 100 square inches shall Peas 
_. be set in any building, or its location changed without a permit 
from the Commissioner of Buildings, and no such apparatus 
shall have the smoke pipe therefrom enter any flue having the 


walls less than nine inches thick. 


Sec. 923. All unsafe or dangerous flues and chimneys must 
be made safe within three (3) days after notice from the 


Commissioner of Buildings, and: not used until repaired. . 


Sec. 924. All flues in party walls must be located at least four 


inches from the center lines of said walls. 
Flues cut into existing party walls must be kept at least four 
inches from the center lines of such walls and be lined with 


either cast-iron or tile flue linings their entire height, to be 


568 


CITY ORDINANCES. 


PUILDING REGULATIONS. 


Chimney foun 
dation and 
height. 


Smokestacks. 


Fire place, 


cased with not less than nine inches of masonry well bonded and 


anchored into the old walls. 


Sec. 925. The foundations of chimneys, whether inside or 
outside of buildings, or whether connected with the same or 
isolated, shall be designed and built in conformity with the 


provisions relating to foundations of buildings herein given. 


Sec. 926. All chimneys shall be built to a height of not less 
than four feet above the roof adjoining; if such roof is a flat 
roof, and not less than eighteen inches above the ridge, if the 
roof is a pitch roof, and the chimney is within twelve feet of 


the ridge. 


All chimneys rising more than five times their least horizontal 
dimensions shall be securely braced with iron anchors; when the 
short sides of flues have nine-inch walls they may rise seven 


times their least side without bracing. 


Sec. 927. No smokestack or chimney in connection with any 
laundry, factory, manufactory or other like establishment where 
power is used exceeding twenty-horse power, shall hereafter be 
erected of less height than twenty feet above all buildings within 
a radius of 300 feet unless with the written consent of the owners 
of such buildings, nor shall any steam boiler or boilers be set up 
or installed in any part of the inner or middle fire district of 
the city without the written consent of two-thirds of the prop- 
erty owners within a radius of 400 feet, except for running © 
elevators, electric plants, heating or pumps, situated within the 


building where the boilers are located. 


Sec. 928. No fireplace shall be built with less than a nine- 
inch brick wall at the back. 

All fire-place breasts are to be built full dimensions up to the 
top of ceiling joists; no flue stem from any fire-place shall start 


below ceilings. 


CITY ORDINANCES. 


569 


BUILDING REGULATIONS. | 


Brick, tile or concrete trimmer arches shall be turned for all 
hearths. 

All brick or tile trimmer arches shall not be less than four 
inches thick, started from proper skewbacks, to have the wood 
centering removed before plastering the ceiling underneath. Con- 
crete filling to be used over ,all trimmer arches to level up for 
hearths. 

Headers for hearths to be not less than twenty-four inches 
wide. 

The use of sand boxes under hearths is prohibited. 


Brick hearths are prohibited. 


Sec. 929. Metallic smoke pipes shall not be used inside of any 


Hearths. 


© 


Smoke pipes. 


building in such a manner as to pass through floors, wood par- © 


titions or roofs. 


Sec. 930. Metallic smoke pipes shall be kept away from all 
wood work by at least the diameter of the pipe, and the wood 
work protected by a metal shield fixed at a distance of one- 
fourth the diameter of the pipe; such shields must extend on 
each side and be of a width equal to three times the diameter 


of the smoke pipe. 


Sec. 931. No smoke pipe from any stove, range or. heating 
apparatus shall be projected’ through any external wall of any 
building without the written approval of the Commissioner of 


Buildings. 


Sec. 932. All receptacles for ashes shall be built on all sides, 
top and bottom of brick, stone or other incombustible materials, 
with walls not less than eight inches thick, with proper iron 
doors, the doors to be kept in repair and closed when not being 
used to empty sand pits. No receptacle for ashes shall ever be 
allowed to overflow or be so constructed that the ashes will be 


blown about by the wind. When ash cans are used they must 


Receptacles: 
for ashes. 


e 


570 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Cast-iron. 


Jron columns. 


have double bottoms with a space of at least two inches between 


the covers secured with iron hinges and the cans at all times be 
in proper repair, the lid to be closed when not being filled or 
emptied. No ashes or combustible material shall be kept in 


any building or place within the city in an insecure manner. 


Sec. 933. Cast-iron subject to crushing strain only, as in plates, 


may be loaded to the extent of 15,000 pounds per square inch 


| when not less than one inch in thickness. 


Compression strain on cast-iron shall not exceed 13,000 pounds 
per square inch. 


Tensile strain on cast-iron shall not exceed 3,000 pounds per 


- Square inch. 


Cast iron used for pillars shall be proportioned in accordance 


with the following formula: 


FOR ROUND CAST-IRON COLUMNS. 


12 


S equals 12,000 A, divided by 1, + — 
600 D* 


S equals safe load in pounds. 
L equals length of column in inches. 
A equals sectional area of column in square inches. 


D equals diameter of column in inches. 
For Rectangular Cast-Iron Columns: 


12,000 A 
S equals 
ibe 
to 
$50:-D* 


S equals safe load in pounds. 
L equals length of column in inches. 
A equals sectional area of the column in square inches. 


D equals the least side of the rectangular column. 


CITY ORDINANCES. AE 


BUILDING REGULATIONS. 
Sec. 934. The minimum thickness of metal in cast-iron os 
columns shall not be less than three-fourths inch, and no- cast- 
iron column shall exceed in height thirty times its least hori- 
zontal dimension. 
All cast-iron columns shall have their ends turned true and 


at right angles with their axis. When such columns are used 


in tiers one above another their ends shall be bolted together. 


Sec. 935. Cast-iron columns shall be thoroughly tested and Inspection. 
inspected before being placed in position, and if they are to 
support a wall more than thirty feet in height, or more than 
three stories, they shall be drilled into not less than two holes 
in the length, one on the upper surface, and one on the lower 
surface as cast; such columns if found to be less than five-eighths 
inch thick in any place shall not be used; the strength shall 
be computed from the least thickness as found by the test 


holes. 


Sec. 936. All steel or wrought-iron work shall be so pro- Steel or. 
wrought iron. 
portioned that the maximum fiber strain will not exceed 16,000 


pounds for steel or 12,000 for wrought-iron, per square inch. 


Sec. 937. Plate girders shall be designated and constructed 


of a strength at least equal to those developed by the following: 


FORMULA FOR PLATE GIPDERS. 


Max. bending moment Banat foot lbs. Plate girders. 
Flange area equals— 
CD 
D equals distance between centers of gravity of flanges in feet. 
C equals 12,500 for steel; 10,000 for iron. 


Maximum shear. 


Web area equals s—— 


C 
C equals 10,000 for steel; 8,000 for iron. 


o72 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Strain. 


Sec. 938. The maximum strain per square inch of rivet area 


(single shear) shall not exceed as required by Table No. 6. 


TABLE NO. 6. 


Steel Tron 
Lbs. Lbs. 
For ishop-driven rivets occ. 27.5 ol eee Cee 9,000 7,500 
Mor: field-driven rivets 4.2 6c See eo eee 7,500 6,000 
Maximum shearing strain in webs ............... 7,000 6,000 
Direct Dearing 5 ee oie a ee 15,000 15,000 


Sec. 9389. The maximum load allowed upon riveted columns 
shall not exceed those determined by the following formula: 
For riveted or other forms of wrought-iron columns more than 
90 R in length: 
L 


S equals 10,600—30— 
R 


S equals safe load in pounds per square inch. 
L equals length of column in inches. 
R equals least radius of gyration of column in inches. 

For riveted forms of wrought-iron columns less than 90 R in 
length: 

S equals 8,000. 

S equals safe load in pounds per square inch. 

For riveted or other forms of steel columns more than 90 R in 


length: 


L 
S equals 17,100—57— 
R 


S equals safe load in pounds per square inch. 
L equals length of column in inches. 
KR equals least radius of gyration of column in inches. 
For riveted and other steel columns less than 90 R in length: . 
S equals 12,000. 


S equals safe load in pounds per square inch. 


CITY ORDINANCES. 573 


, BUILD EN @ nba Ariins. 


Sec. 940. No wrought-iron or rolled steel columns ‘trail have 


an unsupported length of more than forty times its Teast! lateral 
dimensions or diameter, nor shall its metal be less than one- fourth 


yee se EF Sh 


inch in thickness. Cres 


Sec. 941. With regard to connection of all structural iron or 
steel work upon buildings erected in the City of Memphis, such 
work shall hereafter be in conformity with the practice of the 
Carnegie, Trenton, Phoenix, Pencoyd, Jones & McLaughlin or 
other first-class rolling mills, as published in their standard 


book and sheets, and approved by the Commissioner of Buildings. 


Sec. 942. When wooden pillars are used the maximum load Saree 
to which they are to be subjected shall never exceed those de- 
termined by the following formuia, S representing the maximum 
load as intended to be fixed by this ordinance. 

For wooden pillars where the length is not more than twelve 


times the least thickness: 


AC 
S equals 


E equals safe load in pounds. 
A equals sectional area of post in square inches. 
C equals: 
4,000 for long-leafed yellow pine. 
3,200 for oak or short-leafed pine. 
2,800 for white pine, spruce or cypress. 
For wooden pillars where the length is more than twelve times 


the least side or thickness: 


L 
| S equals X—Y 


B 


S equals safe load in pounds per square inch. 


L equals length of post in inches. 


574 


CITY ORDINANCES. 


BUILDING, REGULATIONS. 


Wooden 
columns. 


Load- on 
girders. 


‘ir B equals “breadth or least side, or diameter of round post. 


er  X equals 1000, 


<¥ equals 10, 


¢ 


for Jony-leaf yellow pine. 


X equals 800, 
Y equals 8, 


for oak or short-leafed pine. 


X equals 700, 
Y equals 7, 


for white pine, spruce or cypress. 


Sec. 943. Wooden columns, supporting girders, when erected 
in tiers one above another, shall have steel or cast-iron caps 
and brackets, and the columns in the upper stories shall rest 


on the cap of the column below and never on the girder. 


Sec. 944. The ultimate load to which timber used for girders, 
joists or beams may be subjected shall not exceed those de- 


termined by the following formula, to-wit: 


CBD’ 


S equals 
L 


S equals safe load in pounds. 
B equals breadth of beam in inches. 
D equals depth of beam in inches. 
L equals length of beam in feet. 
C equals: 
200 for long-leaf pine. 
160 for oak and short-leafed pine. 


140 for white pine and cypress. 


Sec. 945. The contents given in all the foregoing formule are 
based on the use of materials and workmanship of the best of 


their respective kinds and all timber thoroughly seasoned. 


CITY ORDINANCES. 


ive 


BUILDING REGULATIONS. 


See. 946. All formule herein given for determining the load 
permitted upon girders of any kind are for girders supported 
at each end and uniformly loaded over their entire length. The 


formule for column loads are for columns concentrically loaded. 


See. 947. The calculations for the allowance which must be 
made for other forms of loading shall be based upon the above 
formule and constants and the rules of the best engineering 
practice; subject to the approval of the Commissioner of Build- 


ings. 


Sec. 948. For the purpose of computing the weight upon floors, 
walls, piers, columns and other supports the following shall be 


taken as the weight of materials, viz: 


TABLE NO. 7. 


muiennere1O0l, DOATA Measure, dry...) coe. cee ee oe 3 lbs. 
Lumber, per foot, board measure, green ............... 6 Ibs. 
Loam, are sand, green plaster, etc., per cubic foot ...... 120 Ibs. 
Price work, common; soit, per cubic foot ..........65. 120 lbs. 
piece owork. common, hard, per cubic foot ............ 130 Ibs. 
Mermreeeotn in mortar, per cubic. foot. ..........5 262k. ec a. 100 lbs. 
SE me ECUDIO. TOOL bi as. evsee eis, vac ee Reese, f ivnr erodes tibia aces 160 Ibs. 
Rememrnr Dies per cubic: f00U %s bs ol are Sk Bele we ele 180 lbs. 
Slating per square 100 feet .............. he had es 600 lbs. 
Lath and plaster one side, per square foot .............. 10 Ibs. 
Seno VOL and 2TaAVel TOOL. ..< vn. es cee cen daw eas ee jel ay ays 


All other materials as given in best engineering works. 


Sec. 949. The floors of all buildings shall be constructed in 
such a manner as to be capable of bearing in all parts in addition 
to the weight of the partitions, permanent fixtures and mechanism 
that may be set upon them, and in addition to the weight of 
the material of which such floors are constructed, a live load 


for every square foot of floor surface as follows: 


Computing 
weight on 
floors, walls, 
etc. 


Floors. 


576 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


TABLE NO. 8. 


‘Dwellings, tenements and flats ...... Rees, EE SRE oa ieee 


‘Hotels, lodging houses, schools with fixed desks ene 50 lbs. 


Stress on 
posts, ete. 


Walls re- 
quired for ° 
brick, stone or 
iron buildings. 


Office buildings (except the halls, corridors and lobbies). 70 lbs. 


Churches, theaters, halls with fixed seats ............... 100 Ibs. 
Dancing rooms, corridors and all public lobbies ......... "120 lbs. 
Drill T,OOnis: =... seat ee ie o Woseice Ile. 6B, leveland'@ coceith scone ee arr -,..150 Ibs. 


Floors of. warehouses. and factories and storehouses shall be 
proportioned to the load they are intended to carry, provided that. 
all floors shall be constructed to support not less than 150 pounds 


for every square foot of floor space area. 


Sec. 950. Every column post, pier footing and other vertical 
support shall be of sufficient strength to bear safely the weight 
of the portion of each and every floor and roof depending upon 
it for support, in addition to the weight required above; provided 
that in determining the stress on. posts, columns, piers: and foot- 
ings in buildings of more than. three stories in height, that are 
used for dwellings, lodging or offices, the live load may be reduced 
on the floor next to the top 5 per cent., in the next lower 10 
per cent., in the next lower 15 per cent., in the next lower 
20 per cent., and so on to and including the. second floor, 
but the full load of the first floor shall be included in computing 


the weights in supports below said first floor. 


Sec. 951. Every brick, stone or iron building hereafter erected 
more than twenty-five feet in width, except. devel not 
exceeding. three stories in height, and tenement howeee not 
exceeding two stories in height, shall have brick or stone par- 
tition walls, or girders, supported on columns so located that 
the distance between and two partition walls or girders, or 
between said walls and girders and the external walls, shall 
not exceed twenty-four feet; and meee wooden columns or 


girders .are used the sectional area of such posts shall not be 


CITY ORDINANCES. 


577. 


BUILDING REGULATIONS. 


less than 8x8 and for girders 8x10 inches, and the columns shall 


be spaced to conform with the formula herein contained. 


Sec. 952. It shall be the duty of the owner of every building 


Placard of 
load per 


of Class I, already constructed, or hereafter to be constructed, or dare inch. 


the occupant or agent of the same, to affix and display con- 
spicuously on each floor of such buildings a placard, to be pre- 
pared by a competent architect, showing the load per square foot 
of the floor surface which may with safety be applied to that 
particular floor, or the strength of the different parts_of the 
same floor, where such strength varies. It shall be unlawful 
to load any such floor, or any part thereof, to a greater extent 
than the load indicated on such placards. It shall be the duty 
of the occupant of the building to maintain such placards during 
their occupancy of the premises and the owners shall see such 
placards properly affixed, with such change of occupants. These 
placards shall be verified and approved by the Commissioner of 
Buildings before they are affixed upon the several floors, and they 
shall be recalculated, verified and approved every five years. 
The Commissioner of Buildings may require the owner, agent or 
occupant of any buildings to redistribute the load upon any 
fioor or to lighten the same when he shall deem the same neces- 


sary. 


Sec. 953. All buildings of ordinary construction when more 
than two stories in height shall have under floors in each story 
not less than seven-eighths inches in thickness, which shall be 
laid immediately after the joists are set and bridged, and within 
the inner fire district at least one thickness of asbestos or other 
incombustible material shall be laid between the under and 


finished floor. 


Sec. 954. In buildings of Class III, all wooden beams or joists 
entering a wall of masonry shall have a proper bearing and have 


the ends cut on a slope of about three inches in the width or 


Under fioors. 


Wooden 
beams. 


578 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Openings 
through 
floors. 


Floor beams 
anchored— 
how. 


Wooden 
headers. 


Manufacturing 
buildings. 


depth, and the ends of all such timbers shall be separated by 
not less than four inches of masonry from the beams or joist 


entering from the other side. 


Sec. 955. The openings through or upon any floor of any 
building used for stairs, hoist, elevators or light shall be pro- 
tected with proper railings not less than three feet in height. All 
elevator openings shall have proper automatic rails, gates, trap 


doors or such other devices as will be equivalent thereto. 


Sec. 956. Each tier of floor beams shall be anchored to the 
side, front, rear, party and division walls at intervals of not to 
exceed eight feet, with wrought iron anchors not less in size 
than by one-quarter inch and well secured to the wall and to the 
timbers; in all walls less than thirteen inches in thickness 
(except in Class III), the anchors shall go through the wall 
and have plates on the outer side. The ends of all joists meeting 
on a girder shall be anchored together in such a manner as to 
form a continuous tie across the building. The ends of all 
girders and partition caps shall be anchored together in such a 
manner as to form a continuous tie and be well anchored to 
the walls at each end. 

Where steel joists or hangers are used the iron joist anchors 


may be omitted. 


Sec. 957. All wooden beams shall be trimmed away from the 
flues, whether the same be a smoke, air or any other flue, the 
irimmer to be at least eight inches from the inside face of a 


flue, and the header two inches from the outside face wall. 


Wooden headers and trimmers are to be of such size and 
strength and are to be so framed or hung in wrought-iron stir- 
rups or steel joist hangers as to fully carry the loads dependent 
on same, according to the floor loads elsewhere specified in this 


ordinance. 


In. business,. manufacturing and public buildings, all joists 


CITY ORDINANCES. 


579 


BUILDING REGULATIONS. 


carried by headers or trimmers, and all headers are to be hung 
in joist hangers, so as not to weaken the carrying capacity of 


the same. 


All wooden floor or roof joist, except in mill construction, 
shall be properly bridged and the distance between. bridging or 


between bridging and walls shall not be more than eight feet. 


No piping or conduit of any kind shall be cut down into any 
floor timbers at a greater distance than two feet from the ends 
of said beams, nor to a greater depth than one-sixth of the depth 


of the beam. 


Sec. 958. Within the inner and middle fire districts all stud 
partitions shall have caps and sill plates not less than four 
inches thick, by the full width of the studding; no studding shall 
pass from one story to the next without a solid cap at or near 
the floor joist. When stud partitions rest on girders or the 
caps of other partitions, the space between the joist to ten inches 
above the floor shall be filled in with brick, tile, terra cotta or 
other incombustible materials, unless there be no ceiling under 
the joist. In buildings over two stories in height all partitions 
that support floors shall have the plate of such partition resting 
on a sheet of metal not less than eighteen inches wide by the 
full length of the partition on each and every story. (In addition 
to the asbestos hereinbefore mentioned between all double floors). 
Walls that support floor joist shall be carried to the top of the 
floor joist and finished smooth with the underside of the Hloor 
boards; upon all girders that carry floor joist there shall be a 
fire-stop built to the top of the joist, and when a _ partition 
starts off the girder the fire-stop shall be carried ten inches 


above the joist. 


See. 959. All brick or stone buildings over one story in 
height having furring on the walls shall have the space between 


the furring from four inches below the joist to twelve inches 


Floor or root 
joists. 


Piping or 
conduit. 


Stud 
partitions. 


Furring. 


580 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Wall plastered 


back. of 


wainscoting. 


Roofs. 


Flat roofs. 


‘Roofs to be 
kept in 
repair. 


above the same filled with masonry, tile, brick, cement, mortar or 
like substance. No wood furring shall be used in buildings 


required to be slow-burning, mill or fire-proof construction. 


Sec. 960. Wall to Be Plastered Back of Wood Wainscoting— 
When wood wainscoting or base is used in any building here- 
after erected, the surface of the wall or partition behind such 
wainscoting or base shall be plastered down to the floor line 
unless such wainscoting is placed against a brick, stone or tile 
wall or partition. No wood sheathing shall be permitted [except 
wainscoting as herein provided, on any wall or ceiling in the 
inner fire district.]* Such ceilings shall, if covered in, be plas- 
tered or covered with some incombustible material. This shall 


not prohibit boxed beams when put up against plaster. 


Sec. 961. The roofs of all buildings hereafter erected in the 
inner and middle fire district shall be covered with tin, tile, 
slate or some other incombustible material, approved by the 


Commissioner of Buildings. 


Sec. 962. All new or renewed flat roofs shall be constructed 
to bear safely a weight of forty pounds to the square foot, in 
addition to the weight of the material composing such roof, 
and all roofs rising at a greater angle than twenty degrees shall 
be constructed to carry a dead load of twenty pounds in addition 
to its own weight, and to resist a wind pressure of thirty pounds 


per square foot of surface. 


Sec. 963. The roofs of all buildings shall be kept in 2600 
repair and all water drained therefrom so as not to flow upon 
or against any wall, along or against any foundation of any 
building, or upon the property of other than the owner of the 


building. 


1 In brackets amendment April 22, 1903. 


CITY ORDINANCES. 


581 


BUILDING REGULATIONS. 


The water from conductor pipes shall not be discharged into 
any street or alley at a point higher than six inches above the 
surface, nor shall such drainage be permitted to flow against 
any adjoining wall into any areaway or upon any private property 
other than the owner of the building from which the water is 


conducted. 


Sec. 964. All butldings over two stories in height shall have 
scuttles or bulkheads leading to the roof, with proper ladders 
or stairs leading thereto, from the floor below; the lid of any 
scuttle or door of any bulkhead shall not be fastened in such a 
manner that it cannot be readily opened from the inner side 
without the use of any key, nor shall the approaches thereto 
be fastened with other than a movable bolt on the inner side. 
In buildings over four stories in height the ladder or stairs 


shall be of iron and secured permanently in place at all times. 


Sec. 965, Pent houses used as inclosures for tanks and ele- 
vators and coverings for the machinery of elevators, and any 
other purpose whatever, hereafter erected on or above the roots 
of buildings, shall be built of fire-proof materials or sheathed 
and covered on all sides with metal, including sides and edges 
of doors. Covers on top of water tanks placed on roofs may be 
made of wood covered with sheet metal. Where party or divis- 
ion walls form one or more sides of pent houses, such walls 
shall be carried up as fire walls above the roof of the pent 


house. 


Water tanks erected over roofs of buildings shall be sup- 


ported on brick bearing walls or on metal beams or posts. 


Sec. 966. All skylights in the inner fire district shall be 
constructed wholly of incombustible materials, ae glazed with 
glass not less than double strength. Skylights located at the 
foot of light courts or light walls shall be made either ot 


prismatic lights in iron frame, or glass not less than one-quarter 


Water from 
conductor 
pipes. 


Seuttles or 
bulkheads 
leading to the 
roof, 


Pent houses 
as inclosures 
for tanks, etc. 


Water tanks. 


Skylights. 


582 


CITY ‘ORDINANCES. 


BUILDING REGULATIONS. 


Snow guards. 


Stairs. 


Stairs in 
hotels, ete. 


inch thick, set in metallic frames, and where the latter are used 
the glass shall be protected from falling bodies by a wire netting 
placed not less than six inches above the glass and rigidly sup- 
ported on iron stanchions, such netting to be made of wire not 
less in size than No. 8, and mesh not coarser than 1144x1% inches. 
Skylights over the floors to which the public have free access 
shall have a wire netting as above, securely fastened in a hori- 
zontal position underneath, or such akyiieht ee be glazed with 


wire-bound glass. 


Sec. 967. All roofs, so constructed and located that the snow 
which lodged upon the same might slide from said roofs into 
any public place, shall have suitable snow guards to prevent the 
snow from slipping. All snow found to be lodged upon any 
cornice, gutter or other part of a building which might slide 
therefrom into any public place shall be at once removed by the 


owner or occupant of any such building: 


Sec. 968. All stairs to be constructed to support a live load 
of not less than 150 pounds per square foot and the supports at 
the foot of same to safely carry at least two-thirds of the total 


of this load. 


Sec. 969. In all buildings used as hotels, tenements, lodging or 
rooming houses, the halls, stairs, passageways and- exits shall 
be arranged to facilitate egress in case of fire or accident, and 
all such buildings having more than twenty-five rooms above the 
first floor shall have at least two independent stairways connected 
with the ground floor, each stairway not less than four feet 
wide, and at opposite ends or opposite sides of the building. All 
doors at the foot of such stairways shall open outward and never 
be fastened, but with a movable bar or bolt readily drawn from 
the inner side, without the use of any key or combination what- 
ever. At the top and foot of all such stairs there shall be kept 


burning a red light from 9 p.m. to 6 a.m. of each day. 


CITY ORDINANCES. 


583 


BUILDING REGULATIONS. 


Sec. 970. In all buildings of Class I, which are used as work- 
shops, or which are used as salesrooms, where there is an occu- 
pation of the same at any one time by 100 or more persons 
employed or engaged therein, there shall be at least two stair- 
cases, each not less than three feet in width. If the number of 
persons so employed exceeds 300 then the width of the stairs 
shall be not less than five feet; if the number of persons so 
occupying any such premises exceed 800 there shall be not less 
than three stairways not less than five feet in width. If the 
number of persons exceed 1,200 such buildings shall be governed 
as regards the number and size of stairways by the regulations 


laid down for buildings of Class IV. 


In all cases the stairways shall be located at as great a distance 
from each other as practicable, and the number of persons above 
any fioor shall be counted as being on that floor as well as being 
counted on the floors above; provided, that in fire-proof buildings 
one less flight of stairs than above called for may be used. All 


stairs over five feet wide shall have railings on both sides. 


Sec. 971. The aggregate width of doors opening at the street 
level in buildings of Class I shall be equal to the aggregate width 
of stairs, and in no case shall the doors leading to any means 
of exit be locked, or the exits in any way obstructed during 


the occupation of any such building. 


sec. 972. Every building now built or hereafter to be built, 
occupied by two or more families above the second floor, and 
every building more than two stories in height, except as are 
occupied solely by one family, shall be provided with one or 
more safe external means of escape in case of fire or accident, 
in addition to the stairways hereinbefore provided. Said fire 
escape shall consist of iron balconies at or near the level of 
each floor, with iron stairs connecting each balcony from the 


roof down within twelve feet of the ground; said stairs. shall 


Staircases in 
workshops. 


Width of 
doors. 


Fire escapes. 


584 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Stand pipes 
in buildings. 


not be steeper than seventy degrees, and shall be provided with 
outer railings of iron, the balconies to have iron railings all 
around not less than three feet in height. Fire escapes shall be 
located as far from the stairs as practicable, and may project 
over the public streets at any point above the first story. The 
brackets for the support of the fire escapes shall in all cases 
be bolted through the walls and be of sufficient strength to sus- 
tain a weight of 200 pounds per square foot of surface or bal- 
cony. The floors of all such balconies shall be slats of iron on 
edge. The balconies and stairs shall at all times be kept in good 
repair and well painted. The connections from the building to 
the platforms of fire escapes shall be from the halls and corri- 
dors, and never through any private room; when necessary to 
be through a room the room shall be directly connected to the 
corridor, and the door connecting said room to the corridor re- 
moved. The balconies, stairs and all approaches thereto shall 
never be encumbered; doors connecting onto the platforms and 
balconies of fire escapes shall never be locked save with a mova- 
ble bolt readily drawn from the inner side. The number and size 
of fire escapes to be regulated by the number of persons liable 
to use them; not more than fifty persons shall be required to 
use any one fire escape; the number, size and location of all fire 


escapes to be determined by the Commissioner of Buildings. 


— 


Sec. 973. Every building over three stories in height, except 
those occupied solely by one family, shall have one or more 
metallic stand pipes not less ‘han 21%, inches in internal diam- 
eter, extending from above the roof and arranged so that engine 
hose can be readily connected from the street or alley; such 
stand pipe shall have proper valves and hose couplings at each 
fioor above the first floor, and all hose couplings shall conform 


to the size and pattern used by the Memphis Fire Department. 


CITY ORDINANCES. 585 


BUILDING REGULATIONS. 
Sec. 974. Alt buildings more than three stories in height, Seated in 

and all two-story buildings used as a school, factory, manufac- 

tory, hotel, lodging house, hospital, asylum, office building, as- 

sembly room for more than fifty persons, or institution for the 

care or treatment of individuals, shall be provided with one or 

more internal standpipes connected with the city water mains 

and carried to the upper floor of the building, located in the 

most accessible locality, and at all times in good repair, ready 

for instant use, provided with not less than fifty feet of hose 

on each fioor. All interior standpipes shall have the city pres- 

sure upon them at all times when the building is occupied by 

the public, and they shall be inspected and tested at least once 


each year by the Fire Department. 


Sec. 975. Every elevator shall be provided with some safe pleyator. 
and sufficient arrangement or device to prevent the falling of the 


car in case of accident. 


Sec. 976. Every elevator shall be provided with proper auto- 
matic stops to bring the car to a stop without a jar or jolt, at 


the top and bottom, independent of the operator. 


Sec. 977. The landings of all passenger elevators shall be Landings. 
protected by having the under size of the trimmer or beam at 
the door opening slope away from the cab door, the incline to 


be about three inches in twelve inches of rise. 


Sec. 978. Brmmediately beneath the machinery of all passenger 
elevators there shall be an iron network of such construction 
as will protect passengers from any parts that might become 
detached; the construction and support of the same to be ap- 


proved by the Commissioner of Buildings. 


Sec. 979. When the cab of any passenger elevator shall have 
more than one entrance or exit, all such entrances or exits, ex- 


cept the one immediately in front of the operator, shall be closed 


586 


CITY ORDINANCES. 


\ 


BUILDING REGULATIONS. 


Freight 
elevators. 


Walls inclos- 
ing elevators. 


with sliding doors inside the cab, such doors _to be the full 
height, and shall be closed before starting the cab, and no door 


shall be opened before the cab has come to a full stop. Opening 


and closing doors of elevators while the cab is in motion shall 


be unlawful, and shall subject the operators to the penalties of 


this ordinance. 


Sec. 980. All elevators shall have at least one slack cable 
as a safety against the breaking of the lifting cables. When any 
of the cables of an elevator show 10 per cent. of the wires com- 
posing such cables to be stranded, then such cables shall be re- 
placed with new ones. The Commissioner of Buildings may 
cause repairs to be made upon any elevator, or he may close 
any elevator deemed to be unsafe, and prevent the use of the 
same until repairs are made and the same placed in charge of a 


proper pilot. 


Sec. 981. Freight elevators shall not be used to carry passen- 
gers, unless the platforms are inclosed all around to the height 
of not less than five feet except the opening in front of the oper- 


ator. 


Sec. 982. All walls inclosing elevator shafts shall be -con- 
structed entirely of incombustible material, and no part of any 
such inclosing walls shall be supported, in whole or in part, 
upon wooden construction. All such inclosing walls shall pro- 
ject not less than three feet above the roof timbers. The root 
over all elevator shafts shall be fireproof and at least three- 
quarters of the area of covering shall be glass set in iron frames. 
All doors opening into an elevator inclosure or light shaft shall 
be iron or solid wood, metal covered, the same iG be self-closing 
and closed when not in use for entrance or exit. All elevators 
running through the well holes of stairs shall, together with the 
stairs, be constructed of fireproof materials, except the floor of 


the cab. 


CITY ORDINANCES. 


587 


BUILDING REGULATIONS. 


See. 983. The Commissioner of Buildings shall visit and 
inspect every elevator running in the city once each year, and 
shall keep a record of all inspections and any or all orders con- 
cerning the same. No elevator shall be used in any building 
until after it has been inspected and a certificate of approval 
issued from the Commissioner of Buildings; a certificate from 
any responsible insurance company may be accepted by the Com- 


missioner of Buildings. 


Sec. 984. Whoever, eyithoilt a permit from the Commissioner 
of Buildings, obstructs a street by placing a building therein, or 
moves a building through or upon a street, and whoever aids and 
assists in so obstructing a street or moving a building, shall 
be liable to a penalty of not less than $10 nor more than $300, 
and to a like penalty for every twelve hours that such obstruc- 
tion may continue, or that such building may remain in or upon 


a street. 


Sec. 985. All applications for moving buildings through the 
streets of the city shall be made to the Commissioner of Build- 


ines. 


Sec. 986. Every such application shall state the location of the 
building proposed to be moved, its length, width, height and the 
principal material of its exterior sides and of its roof; and shall 
definitely describe the route over which it is to be moved and 


the length of time that will be required to move it. 


Sec. 987. Every such application shall be accompanied by the 
written consent of the Commissioner of Buildings, to the plac- 


ing of the building. on the lot proposed. 


Sec. 988. No person except a licensed housemover, except 


as herein provided’ shall remove, raise, shore up or hold up brick 


To inspect 
elevators. 


Penalty to 
obstruct street. 


Applications 
for moving 
buildings. 


Licensed 
house-mover. 


1 The words ‘‘except as herein provided,’’ in Section 988, amendment of . 


April 22, 1903. 


588 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


fronts of any building within the corporate limits of the City 
of Memphis, and every person shall annually, before engaging 
in said occupation, obtain a license therefor from the Commis- 
sioner of Buildings, and no such license shall be granted until 
the party applying therefor shall have oan bond to the City 
of Memphis in the sum of $1,000, with good and sufficient se- 
curity to be approved by the Mayor, conditioned, among other 
things, that said party will pay any and all damages which may 


be caused to any property, public or private, within the City of 


‘Memphis, when such injury or damage shall be inflicted by said 


Bond. 


Oontractors 
not required 
to give bond— 
when. 


party or his agent, servant, employes, workmen, contractors or 
subcontractors, and such bond shall be conditioned also that said 
party will save, indemnify and protect the City of Memphis from 
all liabilities, judgments, costs and expenses, which may in any 
wise accrue against said city in consequence of the granting of 
such permit or license; and he will in all respects ‘comply with 


the ordinance of this city in regard to the removal of buildings. 


Upon the execution of said bond and its acceptance by the 
Mayor, a license shall be issued, and the said licensed person 
shall, in each and every instance, before removing any buildings, 
obtain a permit to fio’ so from the Commissioner of Buildings, 
and shall pay said Commissioner a fee of $5, whereupon said 
Commissioner shall issue a permit, stating spocriedin all the 
conditions, describing the route to be taken and limiting the 
time for removal. The fee for a permit to remove a puilding 
from one part of a lot to another pare of the same lot, or from 
one lot to another, when the same is owned by the same person, 
and where said building or buildings are to be removed without 
crossing any street or alley, the property of any person or per- 
sons, other than the owner of the lot from which the building 


is to be removed, shall be $1. 


{Contractors and subcontractors may do such of this work as 


may come within the ordinary pursuits of their occupation, with- 


CITY ORDINANCES. 


589 


BUILDING REGULATIONS. 


out further bonds, and need not take out license, unless they 
wish to use streets or alleys for such work. The execution of 


this work to be subject to all other conditions of this section. ]? 


Sec. 989. It shall be the further duty of every person or per- 
sons obtaining such license, before using streets or alleys,* to 
keep and maintain with the City Treasurer a sum of money 
not less than $50, which sum, or so much thereof as may be 
necessary, shall be used under the direction of the Commissioner 
of Buildings in repairing any injury done to any street, alley 
or sidewalk, provided that such defective street, alley or side- 
walk is not made good by said housemover within twenty-four 
hours after being notified by the Commissioner of Buildings, 
and no permit shall be issued to such housemover until the 


deposit of said $50 is made good. 


Sec. 990. No shade trees shall be removed or the branches 
thereof cut or trimmed in order to facilitate the moving of a 
building, except by the written consent of the Commissioner of 
Buildings. No fire alarm, telegraph, telephone, electric light 
or power wire shall be cut for said purpose, except by the 
written consent of the Chief of the Fire Department, and no 
street lamp or lamp post shall be removed for said purpose 
except by the written consent of the Commissioner of Buildings, 
and only competent linemen shall be permitted to cut any wire 
unless upon application to the company, firm or person whose 
wires are to be cut, said company, firm or person shall neglect 
or refuse to furnish such linemen to the housemover at his ex- 
pense and for a regular lineman’s wages during the time such 
services shall be required by such housemover. And cash suffi- 


cient, in the judgment of the Commissioner of Buildings, to 


2 In brackets passed April 22, 1903. 


3 The words ‘“‘before using streets or alleys,’’ in Section 989, passed April 
225 1903; 


No shade 
trees may be 
cut to move 
house. 


No fire alarm 
or telephone 
wires cut 
without per- 
mit. 


590 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Theater 
buildings. 


Outside walls 
of buildings of 


Class IV. 


cover such lineman’s wages shall be deposited for that purpose 
with the Commissioner of Buildings before any houses shall be 


moved. 


Sec. 991. Every public building: hereafter erected, and every 
building intended for theatrical or operatic purposes, or public 


entertainments of any kind, where stage scenery and apparatus 


‘are employed, or hereafter erected, shall be made to comply 


with the requirements of this ordinance. No. building which, 
at the time of the passage of this ordinance, is not in actual 
use for theatrical or operatic purposes, and no building here- 
after erected not in conformity with the requirements of this 
ordinance, shall be used for theatrical or operatic purposes, or 
for public entertainments of any kind where stage scenery or 
apparatus are employed, until the same shall have been made 
to so comply, and no building hereinbefore described shall be 
opened to the public for such purposes until the Commissioner 
of Buildings shall have approved the same in writing as con- 


forming to the requirements of this ordinance. 


Sec. 992. The outside walls of all buildings of Class IV, on 
which the roofs or ceilings are carried on trusses or girders of 


a span of fifty feet or more, shall be as follows: 


If the walls are less than 25 feet high, they are not to be less 


than 17 inches thick. 


If more than 25 feet high, and not more than 50 feet, they 
are to be 21 inches thick for the first 25 feet, and 17 inches thick 
for the remainder of the height. 

If more than 50 feet high, and not more than 75 feet high, 
they shall be 25 inches thick for the first 25 feet in height, 21 
inches thick for the second 25 feet, and 17 inches for the remain- 
der of the height. 

For any increase in height over 75 feet thick, thickness ot 


walls shall be increased in the above ratio. 


CITY ORDINANCES. 


591 


BUILDING REGULATIONS. 


The heights of the walls shall be measured from the ground 


floor of the main auditorium at its lowest point. 


An increase of four inches in the thickness of walls shall be 
made in all cases where walls are over 100 feet long without 


cross walls of equal height. 


For rooms less than 40 feet wide the thickness of walls 


before given may be reduced by four inches. 


Sec. 993. In case there shall be one or more stories built 
above the room devoted to the uses of Class IV, such stories 
being carried on trusses or girders, the thickness of walls shall 
be increased by four inches for each two stories or part thereof, 


above every such room. 


If solid masonry buttresses are employed and placed sixteen 
feet or less on centers, and extended to the foot of the trusses 
or girders carrying the ceiling and roof, or if iron or steel pil- 
lars are inserted in such walls for the support of the superstruc- 
ture, and at distances not more than eighteen feet between cen- 
ters, such pillars extending to any carrying the superimposed 
trusses or girders, the thickness of such walls may be reduced 
in proportion to the increase of strength afforded by such but- 
tresses or pillars, but in no case shall any such wall be less than 
twelve inches thick in the top story, four inches being added, 


going downward for each twenty-five feet in height of wall. 


If iron or steel pillars are introduced in said walls, the brick 
around the same shall be bonded into that of the connecting 
walls, and each of such pillars shall have no less than eight 
inches of solid brick work around it, the brick being measured 


from the extreme outer dimensions of such iron or steel pillars. 


Sec. 994. If a Class IV building is of a skeleton construction, 


Solid masonry 
buttresses. 


Skeleton con- 
struction Class 


and the steel framework carries the entire superimposed load IV 


of floors, roof and walls, then the inclosing walls shall consist 


of twelve inches of solid masonry, with two inches of hollow 


592 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


To front on 
public 
highway. 


Corridors. 


tile or four inches of hollow brick, on the inside, properly bonded 
together; and the other fireproofing shall be as required ‘for 


buildings of Class I. 


Sec. 995. Every building of Class IV (b) shall have at least 
one front on a public highway or street, and in such front or 
fronts, there shall be means of entrance and exit. In addition 
to the aforesaid entrances and exits on the public street, there 
shall be reserved for service in case of emergency an open court 
or space, open to the sky, on the side not bordering on the street, 
where such building is located on a corner lot, and on both sides 
of said building where there is but one frontage on the street. 
The width of such open court or courts shall not be less than 
eight feet, and said open court or courts shall begin on a line 
with or near the proscenium wall, and shall extend the length 
of the auditorium proper, to or near the wall separating the 
same from the lobby, foyer or vestibule. A separate and distinct 
corridor shall be built to the street from each open court, with - 
continuous walls, floors and ceilings of brick or other fireproof 


materials, the entire length of said corridor or corridors. 


Said corridor or corridors shall not be reduced in width more 
than three feet less than the width of the open court or courts, 
and there shall be no projection into the same; the outer open- 
ings to be provided with doors or gates opening toward the 
street. During the time such buildings are occupied by the 
public the doors or gates in the corridors and all approaches 
thereto shall be kept open by proper fastenings, such as may 
be readily drawn from the inner sides; at other times they may 
be closed and locked. The said open court or courts shall not 
be used for storage purposes or for any other purposes what- 
soever, except for exit and entrance from and to the auditorium 
and stage, and must be kept free and clear during performances. 
The level of said corridors at the front entrance of the building 


shall not be greater than one step of eight inches above the level 


CITY ORDINANCES. 


293 


BUILDING REGULATIONS. 


of the sidewalk where they begin at the street entrance, and there 
shall not be more than one step of eight inches from the floor 


of the open court to the ground floor of the auditorium. 


Sec. 996. To overcome any difference of level existing between 
exits from the ground floor of the auditorium into courts and 
the level of the street, gradients may be used in the corridors 
and courts of not over one foot in ten feet with no perpendicular 
rises. From the auditorium opening into said courts, or on the 
side street where the builaine is placed on corner lot, there 
shall not be less than two exits on each side from the ground 
floor auditorium balcony, and each and every balcony and gal- 
lery. Their exit shall be at least five feet wide in the clear, and 
provided with doors of iron or wood; if of wood the doors shall 
be constructed according to underwriters’ rules. All of said 
doors shall open outwardly and be fastened only with movable 


bolts, the bolts to be kept drawn during performances. 


Sec. 997. There shall be balconies not less than four feet in 
width each side of the auditorium, of sufficient length to em- 
brace the exits, and from all balconies there shall be staircases 
extending to the ground level, with a rise of not over nine inches, 
and a step of not less than nine inches tread, exclusive of the 
nosing. The stairs from the upper balcony to the next below 
shall not be less than three feet in width in the clear, and from 
the first balcony to the ground floor four feet wide in the clear. 
All the beforementioned balconies and staircases shall be con- 
structed of iron throughout, including floors, and of ample 
strength to sustain the load to be carried by them. Where one 
side of the building borders upon a street the lower balcony 
shall be about twelve feet above the sidewalk, and may have 
sliding or drop ladders to reach the walk from the lowest bal- 


cony. 


Gradients may 
be used in cor- 
ridors. 


Balconies, 
staircases. 


594 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Floor levels 
Glass. IV. 


Street vesti- 
bule. 


Seats in 
Class IV. 


Stairs in 
Class IV. 


Sec. 998. The following limitations of floor levels in build- 
ings of Class IV (b) shall be observed in all cases of new con- 


struction or material reconstruction, alteration or improvement 


of existing buildings. The ground floor of auditorium in build- 


ings of Class IV (b), where it connects with the lobby or foyer, 
shall not be at a greater height above or depth below the street 
level than a gradient from the street vestibule of one foot in 
ten; said street vestibule to be not more than one step above 
or below the grade of sidewalk at the central entrance point. 
The only exception to the foregoing shall be the case of rooms 
of Class IV (b), containing less than 500 seats, which, in fire- 
proof buildings, may be located in any floor thereof, but in such 
cases there shall be at least two flights of stairs from the floor 
in which such auditorium is located, to the ground, and the 
width of such stairs shall not be less than four feet in the clear 


for each. 


Sec. 999. In buildings of Class IV (a) no auditorium contain- 


ing more than 1,000 seats shall have the highest part of its 


‘main floor more than eight. feet above the adjacent sidewaik 


grade. No room of Class IV (a) containing more than 500 seats 
shall be at a greater distance than thirty feet above the side- 
walk. No room of Class IV (a) containing more than 200 seats 
shall be at a higher level above the sidewalk than forty-five feet. 
Exceptions to the foregoing are to be made in the case of rooms 
containing less than 500 seats, which may be located in any part 
of a fireproof building; provided, however, that there shall be 


stairs, as required in Sec. 1000. 


Sec. 1000. Stairs in buildings of Class IV (a) and IV (b) 
shall be in width equivalent to eighteen inches for ‘every 100 
seats or fraction thereof, but no stairway in such building shall 
be less than four feet in width in the clear. All stairways shall 


have railings on each side thereof. No stairways shall ascend 


Exits. 


Seats secured 
to floors. 


Aisles in 
Class IV. 


Commissioner 


CITY ORDINANCES. 90 


BUILDING REGULATIONS. 
to a greater height than eleven feet without a level landing, 
which, if its width is in the direction of the run of the stairs, 
shall not be less than three feet, or which, if at a turn of the 


stairs, shall not be less in width than the width of the stairs. 


Sec. 1001. Distinct and separate places of exit and entrance 
shall be provided for each gallery above the first. A common 
place of exit and entrance may serve for the main floor of 
auditorium and first balcony, provided its capacity be equal to 
the aggregate capacity of the outlets from the main floor and 
the said gallery, as required by Sec. 1003. 

All rooms accommodating more than 500 persons shall have 


all seats, not in private boxes, firmly secured to the floor. 


Sec. 1002. Aisles in buildings of Class IV (a) and IV (b) 
shall be equal to eighteen inches for every 100 seats, or frac- 
tional part thereof, the occupants of which will be required to 
use said aisles, but no aisles are to be less than two feet three 
inches wide in the narrowest part, and increasing in width 
toward the exits. Steps are permitted in aisles only as extend- 
ing from back to back of seats, and where the rise from back 
to back of seats is less than six inches. The floor of the aisle 
shall be made an inclined plane, and where steps occur in out- 
side aisles or corridors they shall be grouped together, and 
there shall be a lamp at or near every place where there are 
steps in inclosed aisles or corridors. All aisles and passageways 
in said buildings shall be kept free from camp stools, sofas, 
chairs and other obstructions, and no person shall be allowed 
to stand in or occupy any of said aisles or passageways during 
any performance, service, exhibition, ‘lecture, concert, ball or 
any public assembly, nor shall there be any camp stools, chairs, 
sofas or any such things in any such aisles or corridors at such 
times. . 


The Commissioner of Buildings, or any of his assistants, shall 


to enter build- 


ings. 


have the right to enter any such buildings at any time during 


596 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Width of cor- 
ridors, ete. 


Commissioner 


to inspect and 


any performance, service, exhibition, lecture, concert, ball or 


any public assemblage, to enforce this ordinance. 


Sec. 1003. In buildings of Class IV the width of corridors, 
passages, hallways and doors shall be computed in the same 
manner as that herein provided for stairways and aisles, ex- 
cepting that no corridor shall be anywhere less than five feet 
in width, and no door less than three feet in width, and all 


doors shall open outward. 


Sec. 1004. It shall be the duty of the Commissioner of Build- 


measure exits, ings to inspect and measure the exits of all buildings in Class 


etc. 


Brick wall in 
Class IV. 


IV (a) and IV (b), including all theaters, concert halls, as- 
sembly rooms, lecture halls, schools, churehes, dance halls and 
lodge rooms, and to compute the number of persons said rooms, 
halls or buildings will safely seat or accommodate, not to exceed 
100 persons—fractional parts of. 100 being counted as a full 
100—for each eighteen inches in width for each stairway, door 
or exit; and when the said number has been determined by said 
Commissioner of Buildings he may cause a notice or notices, 
stating the maximum number to be admitted in said room, hall 
or pullding to be posted in a conspicuous place near the en- 
trance to said room, hall or building; and it shall be unlawful 
for the owner, agent, manager or trustee, or person or persons 
in charge or having control of such rooms, halls or buildings, 


to admit a larger number of persons to such rooms or buildings. 


Sec. 1005. In all buildings of Class IV (bD) there shall be 
a solid brick wall not less than seventeen inches thick, between 
the auditorium and the stage, and in non-fireproof buildings this 


wall shall not be less than twenty-one inches thick, and shall 


extend to a height of six feet above the roof. The main curtain, 


opening shall have an iron or asbestos curtain, and all other 


openings in this wall shall have fireproof doors. 


yi Sin ai 


CITY ORDINANCES. ao7 


BUILDING REGULATIONS. 


See. 1006. The framing of the floor of the stage in buildings ite Sik 
of Class IV (b), containing seats for more than 500 people, 1 or stecs. 
shall be of iron or steel; the stage floor may be of wood, but 
shall be not less than three and three-quarters inches thick. The 
entire floor construction and floors of fly galleries and rigging 
lofts and supports, and all shéaves and pulleys and their sup- 
ports, shall be made of iron or steel. All woodwork, including 
both sides of the floor boards, and all scenery used on or about 
the stage, shall be coated with fireproof paint, the fire resisting 
qualities of which shall be tested and approved by the Commis- 


sioner of Buildings. 


Sec. 1007. Structures of any kind and for any purpose what- To be fire- 
proof. 
ever erected above the ceiling of any auditorium containing 500 


or more seats, shall be entirely of fireproof construction. 


Sec. 1008. There shall be over the stage of every building of sine 
Class IV (b) flues or ducts extending at least ten feet above 
the highest point of the roof, which flues or ducts shall have 
an area of at least one-thirtieth of the total area of the stage. 
The dampers for opening or closing these ducts shall be con- 
trolled from a point near the proscenium arch; these dampers 
shall be made of sheet metal on iron frames, and be not nearer 
than eight inches of any woodwork or other combustible ma- 


terials. 


Sec. 1009. It shall be the duty of the owners, agents, lessees an 
and occupants of buildings of Class IV (b) to provide such 
fire-extinguishing apparatus at such points about the buildings 
as the Commissioner of Buildings shall direct, and all stand- 
pipes, gas pipes, electric wires, hose, footlights and all appar- 
atus for guarding against fire or for extinguishing the same shall, 
at all times, be kept in condition satisfactory to and under the 


control of the Commissioner of Buildings. 


598 CITY ORDINANCES. 


BUILDING REGULATIONS. 


Nehtce aoee Sec. 1010. Every’ portion of any building of Class IV devoted 
to the use or accommodation of the public, also all outlets lead- 
ing to the street, open courts and corridors, shall be properly 
lighted during every performance, and the same shall remain 


lighted until the entire audience has left the premises. 


Electric lights Buildings of Class IV (b) shall be at night illuminated ‘en- 
pa tirely by electric lights, and shall have at each exit and at the 
head and foot of each stairway a metal bracket and a candle or 
sperm oil lamp kept burning during the enue duration of any 
performance. Similar provisions shall apply to buildings of 


Class IV (a) seating more than 1,000 persons. 


Ne a Peps Sec. 1011, In buildings in Class IV no gas or electric light 

lights in walls. shall be inserted in the walls, woodwork, ceiling or in any part 
of the building unless protected by fireproof materials. All lights 
in passages and corridors of said buildings, and wherever deemed 
necessary by the Commissioner of Buildings shall be protected 
by proper wire network. The footlights, in addition to the wire 
network, shall be protected by a strong wire guard, not less than 
two feet distant from footlights, and the trough containing such 
footlights shall be fireproof. All ducts for conducting heated air 
from the main chandelier, or from any other light or lights, 
shall be constructed of metal and made double with an air 
space between, and shall not come in contact with any wood- 

Stage lights. work. All stage lights, if of gas, shall have strong wire guards 
or screens, not less than ten inches in diameter, so constructed 
that any material contact therewith shall be out of the reach 
of the flame, and must, in all cases, be soldered to the fixture. 


mu girder Sec. 1012. In all buildings of Class IV (b) there shall be an 
a Dove pros- 
Rbetoncs open- iron girder above the proscenium opening, the iron girder to be 


protected from heat by proper fireproof covering; above the 
girder there shall be a relieving arch the full width of the wall 


and the intervening space filled in with brickwork; should there 


CITY ORDINANCES. 


589 


BUILDING REGULATIONS. 


be constructed an orchestra over the stage above the proscenium 
opening, the said orchestra shall be placed outside of the pros- 
cenium wall. The molded frame around the proscenium opening 
shall be formed entirely of fireproof faberiaiss if metal be used 
the metal shall be filled in solid with non-combustible materials, 
and the whole securely anchored to the wall with iron. The 
proscenium opening shall be provided with a fireproof curtain 
sliding at each end within iron grooves securely fastened to the 
wall, and extending into such grooves not less than six inches 
on each side. And fireproof curtain shall be raised at the com- 
mencement of each performance and lowered at the close of said 
performance, and to be operated by approved machinery. The 
proscenium curtain shall be placed at least three feet from the 
footlights at the nearest point. There shall be no openings in 
the proscenium wall above the level of the auditorium ceiling, 
and not to exceed two on any level below, and all such openings 
shall be closed with fireproof doors, said last mentioned doors 


not to exceed three feet in width. 


Sec. 1013. All high-pressure steam boilers hereafter to be 
placed in any building, except when in a separate brick boiler 
house, shall be placed in a fireproof room, constructed of brick, 
stone, concrete or terra cotta; and all openings to such fireproof 
room shall be provided with standard fire doors. 

All buildings hereafter to be erected for boiler houses, unless 
entirely of fireproof construction, shall have brick walls and be 
so constructed that a clear space of at least eight feet shall 
exist between any part of the boiler and the roof, ceiling or other 
structural woodwork. 

For the purpose of hoisting during building operations, tem- 
porary steam boilers may be head in buildings in a manner ap- 
proved by the Commissioner of Buildings. 

No boilers or heating ‘apparatus shall be placed beneath the 


stairs or exits from any public buildings. 


Fire proofing 
material. 


Steam boilers. 


Boiler houses 


Hoisting. 


600 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Hot air 
furnaces. 


Pipes. 


One building 
in direction of 
depth of lot. 


Sec. 1014. All portable hot-air furnaces shall be kept at least 
two feet from any wooden or combustible partition, and at least 
two feet from any wooden or combustible ceiling, unless protected 
by three inches of Peco bet ole material for a distance of at 


least three feet from the furnace. 


Hot-air pipes in wood partitions, or between joists, must be 
made of metal, Seal are to be double. The space between the two 
pipes shall be at least one-half inch, and the pipes shall be kept 
apart from each other by the insertion of a sufficient number of 
metallic separators, while the interior of the main pipe is to 
be provided with braces, one for every three feet in length of 
the pipe. , 

Such pipes are to be made with air-tight joints and to be 


securely fastened in place. 


The openings in floors for hot-air registers shall be surrounded 
with borders of some incombustible material not less than two 
inches wide, and firmly and securely set in place. The register 
boxes shall be double, the distance between the two thicknesses 


of the tin being at least one inch. 


Where the air conveyed through pipes is heated by an ordinary 
hot-air furnace, or any other apparatus by direct contact of the 
air with the firebox, the material used for these double ducts, 
pipes and register boxes shall be “bright tin.’ When the air 
is heated with hot water or steam pipes, any other sheet metal 
may be used for the pipes, and the use of double pipes is not 


obligatory. 


When only one register is connected with a furnace, said reg- 


ister shall have no valve. 


Sec. 1015. If more than one building for dwelling purposes 
is built in the direction of the depth of a lot, then a commo- 
dious street or avenue shall first be constructed to pass along 


ond in front of said dwellings, at least thirty feet wide, to be 


CITY ORDINANCES. 


601 


BUILDING REGULATIONS. 


properly drained and graded; and the Building Commission shall 
strictly enforce this section, and no permit shall be issued by 
him contrary to this section, unless otherwise ordered by the 
Legislative Council; provided, that this section shall not apply 
to servant or other houses which are appurtenant to or go with 


the main building on the front of the lot.t 


Sec. 1016. All tenements within the city limits, either brick 
or frame, built for rental purposes and for housing more than 
-two families, shall be so constructed that each room or suite 
of rooms having a separate door or entrance communicating with 
the street, court or alley shall be divided from the rest of the 
building by a solid fire wall of brick or concrete at least thirteen 
inches thick. Said wall to be without door or openings of any 


kind unless by special permission of the Legislative Council.? 


See. 1017. Every habitable room shall have at least one win- 
dow of an area equal to one-tenth of the floor area, communicat- 
ing directly with the outer air. Water closets and plumbing fix- 
tures shall be placed only in rooms that are ventilated by win- 
dows or skylight opening directly to the outer air, as called for 
by the plumbing ordinance. No such rooms shall be ventilated 
by a light shaft which ventilates habitable rooms, unless such 
light shaft is more than eight feet in its least dimensions. No 
space of less than forty square feet for three-story buildings, or 
less than fitty square feet for four-story buildings, and so on, in- 
creasing ten feet for each story additional, shall be considered 
as affording communication with outer air, and such open space 
or light shaft, if covered with a Bevitent or roof of any kind, 
shall not be considered as fulfilling the requirements of this sec- 
tion. No room shall be considered habitable unless its walls and 


ceilings are plastered or ceiled. 


1 Section 1015. Amendment August 16, 1908. 
2 Section 1016 passed February 21, 1905. Known as the Anti-Ark Ordinance. 


Anti-ark ordi- 
nance—tene- 
ments. 


Every room to 
have window. 


602 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Single frame 
dwelling. 


Partition 
wall. 


No building 
converted to 
stable—when. 


Nor used for 
planing mill, 
ete: 


Sec. 1018. No single frame dwelling shall be erected which 
shall contain accommodations for more than two families. 
Double dwellings or blocks of dwellings and tenement houses may 
be built to contain accommodations for more than two families 
and each part of such building shall be separated from the next 


part on either side by a wall built as follows: 


This partition wall must be built of 2x6-inch studding, with 
the spaces between studding filled full of mineral wool, or any 
other approved fireproof material, from the brick wall in base-. 
ment up to and close under the roof. boards, fie fireproofing to ° 
be secured in place between joists by wood. blocking properly 
secured, and these partitions must be plastered on each side on 
metallic lath with an approved patent plaster. If brick is used 
for fireproofing between studding, then partitions may be plas- 
tered on wood lath with lime mortar. All such partitions must 
be supported on a thirteen-inch brick wall or eighteen-inch stone 
wall in the basement, which must be built from the cellar floor 
to the top of the ground floor joists. Any openings in brick wall 


shall be closed by a fireproof door. 


Sec. 1019. No building, any part of which is within forty feet 
of the dwelling of an adjoining owner, shall be erected for or 
converted to use as a stable, without the written consent of 


such adjoining owner or owners. 


See. 1020. No building within the city limits shall be used or 
occupied, in whole or in part, for any of the trades or occupa- 
tions hereafter mentioned, to-wit: Planing mill, sash, door and 
blind factories; wagon or carriage manufactories; cabinet and 
furniture manufactories; woodturning and veneering works; 
agricultural implement manufactories; box or shingle factories, 
or any other woodworking factory, two or more stories in height, 
unless such building so occupied shall have, in connection with 


it, a brick or fireproof vault of sufficient capacity to contain all 


CITY ORDINANCES. 


603 


BUILDING REGULATIONS. 


shavings, sawdust, chips or other light combustible refuse con- 


nected therewith. 


All such shavings and other light combustible refuse or ma- 


terial shall be removed daily from such premises to such vault. 


Sec. 1021. In every factory, mill or other like place, where 
belting, gearing, shafting or other things of like nature are used, 
the same shall be guarded in such a manner as will reasonably 


protect persons employed or passing near the same. 


Sec. 1022. All chutes, conveyors or other openings from one 
part of a building to another part, used for any purpose, shall 
be constructed of brick, tile, metal or other incombustible ma- 
terials, and shall have self-closing doors at every opening to 


prevent draft along the same. 


All fume and ventilating shafts shall be constructed of brick, 
tile, metal or other incombustible materials the entire length 


of same, in a manner approved by the Commissioner of Buildings. 


Sec. 1023. It shall be unlawful to place, fix or stretch any 
spiked railings, barbed wire or other things of like nature, any- 
where within the City of Memphis. Wooden fences shall never 
exceed six feet in height, above the grade, and shall be so placed 
as not to project over or upon any street, alley or public ground, 


excepting as may be otherwise provided. 


Sec. 1024. No wooden fence exceeding six feet shall be erected 
in any of the fire districts of the city. No wall of masonry used 
as a fence shall exceed six feet in height. Open iron cresting 
may be placed on the top of walls to increase the height when 


used as a fence, same to be well bolted to the wall. 


Sec. 1025. All flagstaffs shall be of proper dimensions, taper 
and strength, to be secured to the building in a manner ap- 


proved by the Commissioner of Buildings. 


To remove 
refuse. 


Belting to be 
guarded. 


Chutes to be 
of brick, tile, 
ete, 


Ventilating 
shafts. 


Spiked rail- 
ings and 
wooden fences. 


Flagstafis, 


604 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Trap doors. 


Storm door 
enclosures. 


Smokehouses. 


Ventilation be- 
tween ceiling 
and roof. 


School 


buildings. 


Materials. 


Second-hand 
material. 


Rubbish. 


Sec. 1026. All buildings of Class I not having direct entrance 
to the basement from the outside shall have, in the first floor, 
within six feet of the front and rear doors, trap doors not less 
than 12x18 inches in size, and so constructed that they may be 


readily opened by the firemen in case of fire in the basement. 


Sec. 1027. The Commissioner of Buildings may issue a permit 
for the erection of storm-door inclosures, to be maintained only 
during the months of inclement weather, and shall not extend 
from the building line more than eighteen inches upon the side- 


walk. 


Sec. 1028. Smokehouses which may hereafter be constructed 
Shall be built throughout. of incombustible material. All the 
openings to such smokehouses shall have shutters and doors of 
metal or of wood covered with metal on both sides, in a manner 


approved by the Commissioner of Buildings. 


Sec. 1029. The space between all ceiling joists and roof timber 


shall be properly ventilated in all buildings. 


Sec. 1030. All school buildings exceeding two stories in height 


hereafter erected, shall be constructed fireproof. 


Sec. 1031. All materials are to be of good quality for the 
purpose for which they are to be used and to conform to recog- 
nized trade and manufacturers’ standards, and are to be subject 
to the approval of the Commissioner of Buildings. 

Second-hand building materials, if used, must conform to the 


standards laid down in this ordinance. / 


Sec. 1032. Loose rubbish, hay or straw shall not be piled 
or stacked in any lot within the middle or inner fire district, 
or kept in any place outside of a proper building to inclose the 


Same. 


CITY ORDINANCES. 


605 


BUILDING REGULATIONS. 


Sec. 1033. Inflammable oils or explosives shall never be placed 
or stored near any stairway or exit from any building so as to 


render the exits dangerous in case of fire or accident. 


See. 1034. No building any part of which is used for the stor- 
age of hay, straw, excelsior, shavings or inflammable oils in 
greater quantities than fifty gallons, shall have any of the upper 
part occupied as a dwelling, tenement or lodging house; this 


section does not apply to private stables. 


Buildings used for the storage of petroleum or inflammable 
oils of any kind in quantities exceeding five barrels of fifty gal- 
lons each shall have the walls of same not less than eighteen 
inches in thickness, and not to exceed sixteen feet in height; 
the floors shall be made of fireproof paving or concrete upon the 
ground, which shall not be less than ten feet below the grade; 
the roof shall be of metal and to have fire walls all around not 
less than thirteen inches thick and three feet high above the 


roots, and covered by incombustible copings. 


It shall be unlawful to store or keep for sale within the limits 
of the City of Memphis any petroleum or inflammable oils of any 
kind in quantities exceeding five barrels of fifty gallons each, 


except in buildings as provided for in this section. 


Not more than 500 pounds of fireworks, or like explosives, 


shall be stored in any one building within the city ‘limits. 


See. 1035. Every temporary support’ placed under any struc- 
ture, wall, girder or beam, during the erection, finishing, altera- 
tion or repairing of any building or structure, or any part thereof, 
shall be of sufficient strength to safely carry the load to be 


placed thereon. 


Sec. 1036. Temporary frame structures for the use of build- 
ers while engaged in building operations may be erected adjoin- 
ing the work in any part of the city, said temporary frame to be 


removed as soon as the permanent building is inclosed. 


Oils or 
explosives. 


Buildings not 
to be occupied 
as dwellings— 
when. 


Buildings for 
storage of 
oils. 


Not exceeding 
five barrels, 
ete: 


Fireworks. 


Temporary 
supports. 


Temporary 
frame work. 


606 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Temporary 
staging. 


Manner of 
construction 
subject to 
approval. 


Tent or 
canyas. 


Penalty - for 
violation. 


Sec. 1087. Temporary staging for observatory, grandstand, plat- 
forms and similar structures shall not be erected upon the roof 
of any building, or in any locality within the city, without a 
written permit from the Commissioner of Buildings, which per- 
mit shall only be issued after complete plans and specifications 
for the proposed structure shall have been. filed in the office 


of the Commissioner of Buildings. 


The manner of construction, and all matters touching the 
strength of the same, shall be subject to the approval of the 
Commissioner of Buildings, and all such structures shall be fin- 


ished at least twenty-four hours before being occupied. 


Sec. 1038. No tent or canvas structure of any kind shall be 
erected without the written permission of the Commissioner of 
Buildings, and then only for the term of days granted by the 


Commissioner of Buildings. 


Sec. 1039. Any person, firm or corporation who violates, diso- 


beys, omits, neglects or refuses to comply with, or who resists 


‘or opposes the execution of any provision of this ordinance, shall 


Conerete block 
construction. 


be guilty of a misdemeanor, and subject to a fine of not less 
than $5 nor more than $300,,and every such person, firm or 
corporation shall be Secmen guilty of a separate offense for every 
day such violation, disobedience, omission, neglect or refusal 
shall conn and shall be subject to the penalty imposed by 
this section for each and every such separate offense; and any 
builder, architect or contractor who shall have constructed any 
building in violation of any provision of this ordinance, shall 


be liable to the penalties provided and imposed by this section. 


AN ORDINANCE GOVERNING CONCRETE BLOCK CONSTRUCTION. 


Passed January 10, 1907. 


Sec. 1040. Block of Portland cement and sand, or of Portland 


cement, sand and gravel, or crushed stone, may-be substituted 


CITY ORDINANCES. 


607 


BUILDING REGULATIONS. 


for bricks for constructing the walls of buildings under the fol- 


lowing conditions: 


Walls built of cement and sand blocks, and those built of ce- 
ment, sand and gravel blocks, shall be of the same thickness 
as specified for brick walls in the building regulations of the 
City of Memphis, except that the block walls may be 8 inches, 
12 inches, 16 inches, 21 inches, 25 inches thick, in place of 9 
inches, 153 inches, 17 inches, 22 inches, 26 inches, as specified for 


brick. 


See. 1041. The composition of cement and sand blocks shall 


be as follows: 


One (1) and two (2) story buildings, one (1) part Portland 
cement and not more than four (4) parts clean, coarse, sharp 


sand. 


Three (3) and four (4) story buildings, with basement, one 
(1) part Portland cement and not more than three (3) parts 


clean, coarse, sharp sand. 


Sec. 1042. The composition of cement, sand and gravel ‘or 
- crushed stone blocks shall be as follows: 

One (1) part Portland cement, two (2) parts clean, coarse, 
sharp sand and four (4) parts gravel, broken stone or other 


ageregates. 


Sec. 1043. The outer walls of.the blocks shall not be less than 
two (2) inches thick, and in the two pieces method of construc- 
tion the center arm or lug shall not be less than three (3) inches 


thick. 


Composition. 


Outer walls. 


608 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Concrete 
blocks. 


To be cured. 


Use 
prohibited. 


Facing of 
concrete. 


Load on the 
block. 


Sec. 1044. The hollow space in all concrete blocks shall DOK 
exceed the percentage given in the following table for different 
height walls: 

Ist 2d 3d 4th 5th oth 


Stories— Pet: Pet. Pet: PCat eee ee 
TaN! 2.0 eee eee ae hee ae 33 33 

SPAM A 5, Se erate hs en gene 25 33 33 33 

By UT Gos aeons tees al pe een tare ete 20 25 25 33 33 30 


Sec. 1045. Blocks made out of cement and sand shall not be 


used in buildings over three (3) stories and basement in height. 


Sec. 1046. No cement blocks shall be used in a building unless 
they have been cured at least seven (7) days by the wet process, 


and fourteen (14) days naturally dried under shade. 


Sec. 1047. The use of hollow blocks in party walls is entirely 


prohibited. 


Sec. 1048. Where the face only of a building is of hollow 
concrete building blocks, and the backing is of brick, the facing 
of hollow concrete blocks must be strongly bonded to the brick 
backing with headers projecting four (4) inches into the brick- 
work, every fourth (4th) course being a heading course, no brick — 
backing to be less than eight (8) inches. Where the walls are 
made entirely of hollow concrete blocks, but where said blocks 
have not the same width as the walls, every fifth (5th) course 
shall be extended through the wall, forming a secure bond, at 


least two (2) feet center. 


Sec. 1049. Wherever girders or joists rest upon the walls so 
that there is a concentrated load on the block of over two (2) 
tons, the block supporting the girder or joist must be made solid. 
Where such a concentrated load shall exceed five (5) tons, the 
blocks for two courses below and for a distance extending at least. 


eighteen (18) inches each side of said girder or joist shall be 


CITY ORDINANCES. 


609 


BUILDING REGULATIONS. 


made solid. Where the concentrated load on the wall from the 
girder or joist exceeds five (5) tons, the blocks for three (3) 
courses underneath it shall be made solid with similar material 
as in the blocks., Wherever walls are decreased in thickness, 


the top course of the thicker wall is to be made solid. 


Sec. 1050. Provided always, that no walls or any part thereof 
composed of hollow concrete blocks shall be loaded to an excess 
of eight (8) tons per superficial foot of the area of such blocks, 
including the weight of the wall, and no blocks shall be used 
that have an average crushing strength of less than one thousand 
(1,000) pounds per square inch of area at the age of twenty- 
eight (28) days, no deduction to be made in figuring the area for 


the hollow space. 


Sec. 1051. All piers and buttresses that support loads in excess 
of five tons shall be built of solid concrete blocks for such a dis- 


tance below as may be required by the Building Commissioner. 


Sec. 1052. Caps, lintels and sills for all openings for doors 
and windows shall be reinforced by iron or steel bars, round or 
square, in a manner satisfactory to the Building Commissioner. 
Any caps, lintels or sills spanning over three (3) feet in the 
clear shall rest on solid concrete blocks. All caps, lintels and sills 
shall have a bearing at each end of not less than six (6) inches 
on the wall. The depth or thickness of concrete for caps, lintels 
and sills shall never be less than four (4) inches, nor-shall the 
span exceed twenty (20) times the thickness, and the reinforcing 
metal or steel rib, in any form, shall weigh not less than one 
(1) pound per square foot of the depth and lineal foot of the 


span. 


Piers, etc. 


Caps, lintels 


and sills. 


Sec. 1053. All centering shall be self-supporting, and no center When centers 


after the concrete is laid. 


shall 
in concrete construction shall be struck until fifteen (15) days ‘truck. 


be 


610 


CITY ORDINANCES. 


BUILDING REGULATIONS, 


Proportion of 
cement and 
sand. 


Cement to be 
thrown away. 


Concrete 
exposed to 
cold. 


Blocks to 
be tested. 


Sec. 1054. All concrete and cement walls must be set with 
Portland cement mortar mixed in the proportion of one (1) part 
cement to not more than three (3) parts of sand, and each bed 
of cement must not be less than one-quarter (14) inch. The joints 
on outside of wall must be pointed with similar cement mor- 


tar. All blocks must break bond when laid in the walls. 


Sec. 1055. No materials containing cement that may have set 
or partially set can be used in a new batch, and must be dis- 
carded and thrown out. No retempering of materials will be al- 
lowed under any circumstances. All blocks that may have been 
damaged or shattered from the effects of cutting or handling 
will not be allowed to be used in any building, and must be 


removed immediately, if required by Building Commissioner. 


Sec. 1056. All structural concrete exposed to or worked in the 
outer air shall not be worked when the temperature is thirty-two 
(32) degrees Fahrenheit or less in the shade; and any concrete 
liable to be exposed to frost, snow or ice before it has attained 
its permanent set shall be temporarily protected until the season 
has advanced beyond the probability of a frost, or until the build- 
ing is properly closed; and such a work, after centers are re- 
moved, shall be given s physical test that will suse a load 
of three (3) times that for which it is designated, without sign 


of failure. 


Sec. 1057. No hollow concrete building blocks shall be used 
in the construction of any building in the City of Memphis unless 
the maker of said blocks has submitted his product to the full 
test required by the regulations hereafter specified and placed 
on file with the Building Commissioner a certificate from a re- 
liable testing laboratory, designated by said Building Commis- 
sioner, showing that samples from the lot of blocks to be used 


have successfully passed the requirements of the building regu- 


CITY ORDINANCES. 


611 


BUILDING REGULATIONS. 


lations, and filing a full copy of the tests with the Building Com- 


missioner. 


See. 1058. A brand or mark of identification must be im- 
pressed in or otherwise permanently attached to each block, for 


the purpose of identification. 


Sec. 1059. No certificate of approval shall be considered in 
force for more than four (4) months, unless there be filed with 
the Building Commissioner of the City of Memphis, at least once 
every four (4) months following, a certification from some re- 
liable testing laboratory, as aforesaid, showing that the average 
specimens tested, as hereafter specified, comply with the re- 
quirements of the building regulations of the City of Memphis, 
said samples to be selected either by the Building Commissioner 
or by the laboratory from blocks actually going into construction 
work. The samples must be furnished by the manufacturers or 


contractors. 


Sec. 1060. The manufacturer and user of such hollow con- 
crete blocks as are mentioned in these regulations, or of any 
other blocks, shall at any time have made such tests of cement 
used in making such blocks, or such further tests of completed, 
blocks, or of each of these, at their own expense and under the 
supervision of the Building Commissioner, as said Building Com- 


missioner shall require. 


Sec. 1061. The cement used in making said blocks shall be 
Portland cement, and must be capable of passing the minimum 
requirements as set forth in the “standard specifications for 


cement,” by the American Society for Testing Materials. 


Sec. 1062. Any and all blocks, samples of which, on being 
tested under the direction of the Building Commissioner, fail 


to stand the tests required by these regulations, shall be marked 


Brand or 
mark. 


Certificate of 
approval, 


Manufacturer 
to have tests 
made. 


Portland 
cement. 


Samples 
marked 
““condemned.,’’ 


612 


CITY ORDINANCES. 


BUILDING REGULATIONS. 


Specifications. 


“condemned” by the Building Commissioner, and such blocks 


shall not be used in any building in the City of Memphis. 


Sec. 1063. These specifications governing methods of testing 


concrete building blocks shall be as follows: 


First—These regulations shall apply to all new materials, 
such as are used in building construction in the same manner 
and for the same purposes as stone and brick are now authorized 
by the building laws, when said new material to be substituted 
departs from the general shape and dimension of ordinary build- 
ing brick, and more particularly to that form: of building ma- 
terial known as hollow concrete blocks, manufactured from 
cement and a certain addition of sand, crushed stone or other 


similar aggregate. 


Second—Before any such material. is used in buildings an ap- 
plication for its tee and for a test of same must be filed with 
the Building Commissioner. A description of the material and 
a brief outline of its manufacture and proportion of the ma- 


terials used must be embodied in’ the application. 


Third—The materials must be subjected to the following tests, 


to-wit: Transverse, compression, absorption, freezing and fire. . 


Additional tests may be called for when, in the judgment of the 
Building Commissioner, the same may be necessary. All tests 


will be made at the expense of the applicant. 


Fourth—The results of the tests, whether satisfactory or not, 
must be placed on file in the office of the Building Commissioner. 


They shall be open to inspection, upon application to the Building 


“Commissioner, but need not necessarily be published. 


Fifth—For the purposes of tests the samples representing the 
commercial ordinary product may be selected from the stock 
of the Building Commissioner, or may be made in his presence, 


at his discretion. These samples must be of the regular size 


Bh al tamer 


CITY ORDINANCES. 


613 


BUILDING REGULATIONS, 


and shape used in construction. In cases where the material 
is made and used in special shapes and forms too large for test- 
ing in the ordinary machines, smaller sized specimens shall be 
used, as may be directed by the Building Commissioner, to de- 


termine the physical characteristics specified in paragraph three. 


Sixth—The samples may be tested as soon as desired by the 
applicant, but in no case later than sixty days after manufac- 


ture. 


Seventh—The weight per cubic foot of the material must be 


determined. 


Eighth—Tests shall be made in series of at least five (5), 
except that in the fire tests a series of two (2)—four samples— 
are sufficient. Transverse tests shall be made on full-sized 
samples. Half samples may be used for crushing, freezing and 
fire tests. The remaining samples are kept in reserve, in case 
unusual flaw, exceptional or abnormal conditions make it nec- 
essary to discard certain of the tests. All samples must be 


marked for identification and comparison. 


Ninth—The transverse tests shall be made as follows: The 
sample shall be placed flatwise on two (2) rounded knife-edge 
bearings, set parallel, seven (7) inches apart. A load is then 
applied on top, midway between the supports and transmitted 
through a similar rounded knife edge until the sample is rup- 
tured. The modulus of rupture shall then be determined by 
multiplying the total breaking load by twenty-one (21)—three 
times the distance between supports in inches—and then dividing 
the result thus obtained by twice the product of the width in 
inches by the square of the depth in inches. 


3 W. L. 
(2 eS 
ase CL ya 


No allowance shall be made in figuring the modulus of rup- 


ture for the hollow space. 


‘614 


CITY ORDINANCES. 


PUILDING REGULATIONS. 


Tenth—The compression tests shall be made as follows: Sam- 
ples must be cut from blocks so as to contain a full web section; 
samples must be carefully measured, then bedded flatwise in 
plaster of paris, to secure a uniform bearing in the testing ma- 
chine, and crushed. The total breaking load is then divided 
by the area in compression in square inches. No deduction will 
be made for hollow spaces. The area will be considered as the 


product of the width by the length. 


Eleventh—The absorption test must be made as follows: The 
sample is first thoroughly dried to a constant weight. The weight 
must be carefully recorded. It is then placed in a pan or tray of 
water, face downward, immersing it to a.depth of not more than 
one-half (44) inch. It is again carefully weighed at the follow- 
ing periods: Thirty (30) minutes, four (4) hours and forty- 
eight (48) hours, respectively, from the time of their immersion, 
peing replaced in the water in each case as soon as the weight 
is taken. The compressive strength while still wet is then’ de- 
termined at the end of the forty-eight (48) hour period, in the 


manner specified in paragraph ten (10). 


Twelfth—The freezing tests are made as follows: The sample 
is immersed as described in the above paragraph for at least 
four (4) hours and then weighed. It is then placed in a freez- 
ing mixture or in a refrigerator, or otherwise subjected to a tem- 
perature of not less than fifteen (15 F.) degrees Fahrenheit, for 
at. least twelve (12) hours. It is then removed and placed in 
water, where it must remain for at least one (1) hour, the tem- 
perature of which is at least one hundred and fifty (150 F.) de 
grees Fahrenheit. This operation is repeated ten (10) times, 
after which the sample is again weighed while still wet from the 
last thawing. Its crushing strength should then be determined as 


specified above. 


CITY ORDINANCES. 615: 


sd BUILDING REGULATIONS. 


Thirteenth—The fire test must be made as follows: Two (2) 
samples are placed in a cold furnace in which the temperature 
is gradually raised to seventeen hundred (1,700 F.) degrees 
Fahrenheit. The test pieces must be subjected to this temperature 
for at least thirty (30) minutes. One of the samples is then 
ylunged in cold water about fifty to sixty (50 to 60 F.) degrees 
Fahrenheit, and the results noted. The second sample is per- 


mitted to cool gradually in air and the result noted. 


Fourteenth—The following requirements must be met to secure 
an acceptance of the materials: The modulus of rupture for 
concrete blocks at twenty-eight (28) days old must average one 
hundred and fifty (150) and must not fall below one hundred 


(100) in any case. 


The ultimate compression strength at twenty-eight (28) days 
must average one thousand (1,000) pounds per square inch, and 


must not fall below seven hundred (700) pounds in any case. 


The percentage of absorption (being the weight of water 
absorbed divided by the weight of the dry sample) must not 
average higher than fifteen (15) per cent., and must not exceed 
twenty (20) per cent. in any case. The reduction in compressive 
strength must not be more than thirty-three and one-third 
(33 1-3) per cent., except when the lower figure is still above 
one thousand (1,000) pounds per square inch loss in strength may 
be neglected. 

The freezing and thawing process must not cause a loss of 
more than thirty-three and one-third (33 1-3) per cent., except 
that when the lower figure is still above one thousand (1,000) 
, pounds per square inch the loss in strength may be neglected. 


The fire test must not cause the materials to disintegrate.’ 


Sec. 1063a. No bill boards or bulletin boards or any other adver- pjj1_ pboards— 


; how 
tising boards of any character shall be erected or maintained constructed. 


1 Sections 1040 to 1063, inclusive, passed June 10, 1907. 


616 


CITY ORDINANCES. 


STREET * NAMES. : te 


within the limits of the city except as herein specified: Ten 
feet in height to have 6x6 posts, four feet deep in the ground; 
twelve feet high, to have 8x6 posts, four feet in the ground; 
sixteen feet in height to have 8x8 posts, five feet deep in the 
ground. All posts to be set not more than eight feet from 
center to center, and to be braced from the rear with diagonal 
braces. Every bill board or bulletin board, or any other adver- 
tising board, to have a space left open at the bottom of a height 
of three feet, running the entire length of the board, except where 
the entire lot is inclosed, in which case they may run to the 


eround.? 


+ 


Sec. 10638b. Be it resolved by the Legislative Counen of the 
City of Memphis, That the Building Commissioner be and is 
hereby instructed to inspect at once all school buildings within 
the city, and see and require that all of said buildings be 
equipped with all proper and necessary exits and fire escapes, as © 
are provided for under the building laws of the city, or, as are 
in his judgment necessary and judicious for the prompt escape 
of children and teachers in case of fire; and that all doors open 
outwardly only, and if there are any double doors that both doors 
swing outwardly and that neither of them be fastened during 


school hours.’ 


ARTICLE 52. 
STREET NAMES. 

AN ORDINANCE to. be entitled an ordinance providing an 
official list of names for the thoroughfares of the City of 
Memphis and for publishing such list; also, providing for the 
naming of streets and other thoroughfares which may here- 


after be opened for public use. 


2 Section 1068a passed November 28, 1906. 


3 Section 1068b adopted March 5, 1908. See Minute Book ‘‘B,’’ Board of 
Public Works, page 65. 


CITY ORDINANCES. 


617 


STREET NAMES. 


Sec. 1064. Be it ordained by the Legislative Council of the 
City of Memphis, That thoroughfares not more than approximately 
two blocks long shall be designated as places. Places extending 
north and south and situated south of Madison avenue, shall 
carry the prefix “south.” Places running north and south and 
situated north of Madison avenue, shall carry the ate “north.” 
Places running east and west and lying east of Florida street, 
shall carry the prefix “east.” Places running east and west and 


lying west of Florida street, shall carry the prefix ‘‘west.”’ 


Sec. 1065. That thoroughfares less than twenty feet in width 


may be designated as alleys. 


Sec. 1066. That thoroughfares abutting or intersecting Madison 
avenue shall carry the prefix “south” for the thoroughfare, or 
part thereof, lying south of Madison avenue, and the prefix 
“north” for the thoroughfare, or part thereof, lying north of 


Madison avenue. 


Likewise, thoroughfares abutting or intersecting Florida street 
shall carry the prefix “‘east”’ for the thoroughfare, or part thereof. 
lying east of Florida street, and the prefix ‘“‘west’ for the 
thoroughfare, or part thereof, lying west of Florida street. Florida 
street is defined for the purposes of this section as the north and 
south base line of the city house numbering system, which lies 
in Florida street, and its northern projection to the intersection 
of Nettleton (formerly Trezevant street) avenue and Tennessee 
street; thence northerly with Tennessee street to its intersection 
with Beale evanile: thence northerly parallel with N. Main 
street to Bickford avenue; thence northerly parallel with North 


Second street to the northern city limits. 


Sec. 1067. That thoroughfares lying on approximately the 
Same line shall have the same name unless the intervening 


Space between the separate parts shall be greater than two thou-. 
sand feet. 


618 


CITY ORDINANCES. 


STREET NAMES. 


Sec. 1068. That thoroughfares more than twenty feet in width 
and more than two blocks long shall be designated as avenues 


if running east and west and streets if running north and south. 


Sec. 1069. That exceptions may be made to the provisions 
of the foregoing sections in the cases of thoroughfares designated 
as parkways and boulevards, and the further exception that 
narrow thoroughfares in the central business portion of the city 


may be designated as lanes. 


Sec. 1070. That the thoroughfares within the limits of the 
City of Memphis shall hereafter bear the names assigned in the 


list following in this section: 


NEW NAME FROM TO OLD NAME 
PA aI S AVS rts eee arose ere SRLVOED | poe ice Cen ee eesens Jewish Cemetery ....... Adams st. 
WeNeon ess gol eben rete Woodward a sts csrcs.me S. Bellevue boul. ...... Agnes pl 
Ala bpaimaiavc bio utc eecs WACKSON AVE cc. sneer etest ests Poplar aver eis rcs Alabama. st. 
MASK ATISTE: ol ll Serecctestarscoreicte VACKSOM AN wn elcome sere Vollentine’ Waves “25 2 <ee Alaska av. 
8. wAlten Spl wlG.accscers's WaAn@@s av.) rancioie meres aie Het Butler saves tice Allen av. 
AIM a Si SUs SOE Wi Wvetiasscenc toe) ACK SOM aaa we rtsrspanen sper Vollentine av. 3 se. nee Alma av. 
ALSTOM PAV aS eterna ieret: Willoughby st. ......... LiOUisavSt.-yas se enemies Alston av. 
Alston waves . WSavneutecsicrs LiOUISAASt Ameen as Neptune (st: Gttasnnesicses Selma ay. 
Anderson: (st.; JK7) 25. 20.< LAT Dertaraye ares Central av. cite cameos Anderson av. 
Ni Annie spl il Sean ae E. Fern pl., n. Ist e. of N. Bellevue boul. ..... Annie ay. 
IAP KANSAS UStss meiotic iss We2Georeia- tava cuss Wien rd pot Mavic tanner tears Arkansas ay. 
Ss. Armstrong pl., A&S 3..W. Illinois av. .......:. Wisconsin av. .........Armstrong st: 
SneATNOL Gopi eH Oe er rnctete LaClede wave trasischcme © RELOAD PAV eis lerenecenvens ates Franklin st. 
Ashland st., G4 ........Poplar st. .......<..s0ns Mosby: +St. crime tetera Ashland court. 
Ashland Sti, MGS ee cree ee MOSb YaST wis estes oclars AUTUMN AVeo ee cheese Dupree st. 
SocASte Vpl NCO usitacete mie E. McLemore av. n. iste. of Florida st. ....... Young’s alley. 
Ei Atlanties ple GS een. Wouisa 1964 eer cielsteris ees Neptune st.(aecee en Atlantic . ay. 
N. Auburndale st., K5 .Madison av. ......-..e+% Poplar avied. pepo siete Auburndale st. 
Auction av., E2 ..... is RUE VETS cree nres fons cabs aactedats JACKSON! HAV Jase token eee Auction st. 
Autumn av., “KS: i... .»N. Waldran boul. ...... IN; oo Winttking ssteae-ene alvin: Autumn ay. 
Autumn, ay., HS > 2... ool. Walletth isto ams acters N. McLean boul. .......Autumn ay. 
Autumn Yav., 22345... NTO CGN a2 PER aE gets tects < Blinds tog cns els au alee tar eoeate Railroad or Ohio ay. 
(ATEN FAV ss AD) livre ie’ BLATT SUA ecm eniet neta aye WeECa bUPMSti nals. canerioreae Ohio av. 


a 


CITY ORDINANCES. 


619 


STREET NAMES. 


NEW NAME FROM TO OLD NAME 

SeENVeDVDlss DO sn. 2.5. emNCe edi Ped ss lenient se 0s E. Calhoun av. ........Avery av. 

INSETS Ehigy CBE esas gear MOSDYetsts miaaet we ke nde as Coe NGF Reese aaa, hele Ayers st. 

PN VG OM SUt GCG ala c soles 06 Poplar avs fous coset ste MGS yh (SUL ip ante rete tig: sca) state ae Jefferson ay. 

PA AER Sut Grcel aise isis «8 wd ATUGUMIN AAV. fold scl) etsreias oe JACKSON PAV em aicsrs deta sisrs arels Marley av. 

INES Ge (C1 i ean E. MeLemore av. ....... Bern eavit ter ‘a neey Azalia ay. 
Mem bacealipompl., 14... Poplar AV.) oss cee coed ARITUINIIN AV te vatsiectete staleis a2 Bacigalupo av. 
Wee Bakers als, BS. ..... Louisiana st., west Ist s. of Jackson Mound ay..Baker’s al. 
PaRCE BU Gy <le\ors.oa'es se POplariG aye ii mies sistent als Galloway *aVeuies «wae Humes ay. 
IPREDUSUI ys PO Gress, sss jMO EI Chey Sheree CPE Galowaywe ave ena ceet ml. Baker av. 
Habaladwin-s alley, H2..Decatur st., e: Ist n: of Jackson av. ..:......: Baldwin’s alley. 
BieBarboro alley, D5'...S. Wagner pl. .......%. SOULE (Sue net etaraent ae Alley N. Gayoso st. 
Nem arKSdale: Sts. iacisse MAISON WAV wie: sacle ete: Gallowaya@Via acticin cs oes Barksdale av. 
PAPA UleEst., oI e..7Earbert [aV. <..2.cc0seeos SO, CATLWEly, paemrcee sie ticle Estelle ay. 
Bebarksdalewsh., KG )...Madison aV.. 6.5.2.0. LARD CEC W AN ia) a cielnerelas A esre Barksdale ay. 
SAC UONMES Ors | CIS! ccs vere o's LOW Die AVG oo cucde atche cache -='s Piee Galleaes pie mestecryes ts Barton ay. 
ERD Asitielevem ne rn...N.) Mrontt, St. o.at. +. ma DLS UMUL STE vaysie aie sic ale ete es Alley n. of Greenlaw st. 
E. Bates alley, D4 ..... INGoe ONG Strp rsh rete ereys Bayou Gayoso ..........Alley n. of Madison av. 
Pee Baxter ples D9 oo... TACMOINESU ea: Wie ESL Ssh OL: LllGCVar ave els as seis Sel aya7 oe Lisa ay. 
Hee Baxterepl.,.4)9! . 5%, PALLONWStm copiers oie’ Tatham Strpdechsnne shee ce Baxter pl. or Lisa ay. 
Haebayardepls His ...s6 WV OOG Wall Cd aus apeeraetars te S. Bellevue boul. ...... Bayard pl. 
SMIBEReN ea Dle GSi.c.cs ee Walker ays) iis vi'adene oe SAXOMWy Vice oltre atalaterss erate Beach ay. 
PSealemeavee DO. Yess sass Son Manassacue Stour: ISBICI8 Elis” pMAndcamad Washes oe: s DuBose ay. 
BOaOM AV, ED Misc celseee SR ERIV EDRs eee sle Revels wale eet S. Manassas st. -+++++..Beale st. 

W. Bean alley, O8...... Kentucky st.) w. Ist)'s. of W.sJowa ave J....2.. Tin Can alley. 

Bee Beard pls D4. oes sass Dicleinsomens teen ani oeiteet « Eyerareenm Stine socncn oss Runnimede ay. 
Papbedtordealley.. bb ... Marshall st., w. Ist n. of Union. av. ..dccci.. 6. Old Union. 
Beechwood av., H8 ..... S. Somerville st., e. Ist s. of Walker ay. ....... Beechwood ay, 
SeBellveple, VHS) ie. ss tice BIRV.CET: lew ctehly atest she's AV LICE T ees ELV soles orshs aarcle etal: Isabella ay. 

N. Bellevue boul., H5 ..Madison av. ............ PODIAT Asn s centitte rete. N. Bellevue av. 
S. Bellevue boul., H5...Madison av. .........00. UIMLOMWAV Ie ancl cle ste ree S. Bellevue av. 
Ne bellevue boul., H1.:.Jackson av. ...:..+..00 Vollentine ave “incest Fairground avy. 
Meebellevue boul., H4,..Poplar av. .....s.0s-00e8 ENA e(0) (hee Ne. ees Abela Mhoon av. 
S. Bellevue boul., H6, 8.Union av., beyond city limits ...............000 Raleigh ay. 

N. Belmont pl., G4 ....Jefferson av., n. Ist e. of N. Huppert pl. ....... Belmont. pl. 

S. Belvedere boul., J6..Union av. ..........e00% Gentral rave a vitsis siete ess lere Belvedere boul. 

. Belvedere boul., J5..Madison av. .......... SORCENP ENR. qarinetic temerios N. Mosby av. 


620. CITY ORDINANCES. 


STREET NAMES. 


NEW NAME FROM TO OLD NAME 


S. Belvedere boul., J5..Madison av. ............ Union av. 0.2. ceo A Wee S. Mosby av. 
BE. Berry pl., D6). ....<<.Rayburn boul.,w. vist. ni of By eButler ays sone. Berry av. 
Bethel av., Fl .....020 FlOULEIAStEOie oe criehls coe ise N. Manassas’ St. 2/0. sieecte Kerr st. 
Bickford 7ay., aly ciet ees Ne OCCONG USL Meee eeccier seventh st. sc. .eeeees Bickford st. 
E. Bilder’s alley, F7 ...S. Orleans st., e. Ist s. of E. Georgia av. ....... Bilder’s alley. 
S. Bledsoe alley, D6 ...Vance av. ..... stalseotearere BH. (Calhoun aye “eerie - Bledsoe. 


Ist e. of S. Avery pl. 


E: Bohlen alley, D4 ...N. ‘Third st:, ww. dst:n: of Court “av. 96-2... eeu Raggio alley. 

E. ‘Bohlen ‘alley, H4 %..N. Front st. ....,.64.65% » N. Lauderdale st. ...... Alley n. of Court av. 
S. Booker’s alley, D9 ..E. McLemore av. ....... SLT PSOM AVeiloiseietes bem siete Booker’s alley. 

E. Bowdre pl., E6 .....S. Lauderdale st. ...... S.. Cynthia ple ..een een King’s av. 

E. Bowdre pl., E6 ..... S. Humphrey pl.v oi.2..6 S. Cynthianpl. ie..s caer King’s alley. 

S. Boyd plop HG tai. cee VANCETAVS WiiiNialnn siete Rice St. Paul AV Bite oaen es Boyd av. 

Nee DOVGy pl. abi Gr nieces Tave rAV. voeGue seannterae Sts) Paul sav.cican ease Brown av. 

5. Braxton pls) cbt ce Beale ca Vien Giidsnhin sehen as KE. Jessamine pl. ........ Braxton ay. 

Breedlove *st., Hi is. JACKSON HAV Heeteieen eel Vollentine> ayeeweeeecse Breedlove av. 

S. » bridge pl., O91. visk W. McLemore ‘av., s. 1st w. of Florida st. ....Bridge Sst. 

E. Brunswick tpl ki mekorcere Stone sewer emcees Neptune@s?st- eh cess cea Brunswick st. 

E. Butcher’s alley, E2..N. Front st. Ne des re rth con Sixth Stes canst Bp apease Alley n. of Sycamore st. 
E. Butler av., D6 ...... Sy ilain ati seis sv «eB, Calhoun, aveulterees Elliott av. 

Hes ULLEL Waves OO woken ons SolWaener ipl ies. eustice Su Malm SStee ws ce ccsetetes E. Butler st. 

W. Butler av., C6 ees Su Waser: plueb er ieee RT VELH Ft evcecieve tc drceieeicte ersietate W. Butler st. 

BY Cahitorniasave, .C8, cee lOmdawsts eens eters Texas Slot a ee eee Re E. Spangler av. 

W..) Oaliformiasay.,:-CS ten Biloriday sta pai ee weit ente Kentucky ist? scitits ewe W. Spangler av. 

W. California iayv., B87. ouisianae st.4..ssuees es River settee esse eeeeeees Coffee st. 

Hae Calhoun say "OG eerittlorida ostal mnticc eerie Ee Butler cave keer E. Calhoun st. 

W: (GCalhounvavs, /COur. Eb lorida sstiy meat a tmeice RAVER Sy OG ctnee sreuieeaere .W. Calhoun st. 

N. Wamilla ‘sts, G6" ./-¢ Madison cave nts stra kate Weiterson'>) av.) (sik esc7 Euphon av. 

S.,.Camilla ists; (G6 uc Union eavaisiean eee Oarr sive, ce shee teens Camilla st. 

S; sCamailla istictGond ect Madisonwavaienc.eyoncdineye LITQLOM | {AVer e eece terete eaote Draper st. 

S. ‘Camilla ssts5iGieweecn AMarreavsttcneieeee Bites NOs) ALALLWAY? nieintociea eer Florence ay. 

Cambridge av., D9 ..... Sselaim eta wjeia seers or Latham \:st:2 Aivacntatsea Cambridge av. 3, 
Cambridge av., E9 ..... Tatham st. o\ccsecaeen ee S.(Orleans st." science Malcolm av. | 
Cannon: st. 19 ak citute E. McLemore av. ........ BS TIS Haven ecisnere eeCannon ay. 

Gatnes | 2V.,. 19a nunened Lamar (a¥. oi. ceies0n% Joe BUNEPM I Ss cleaner Carnes ay. 


E. Carolina ay., D7 .....Florida st. to bayou e. of Rayburn boul. ....... Carolina st. 


ular ee Tata 


CITY ORDINANCES. 


621 


STREET NAMES. 


NEW NAME FROM TO OLD NAME 
BRarOUMae AV ye Luis ces VLIONE Sts as ocriseesresiee S. Wellington Biswas ats. .Woods alley. 
feoatOund av., Br ....FIOTIGA Sb. ccc sececsscss RAVOY Us gat nae ks satin sie W. Carolina st. 
aI aVe EG! we ce soles S. Somerville st. ....... Sap Willett tsetse aestaes «s Carre av. 

WARE GAVE GOS occ Se.cice oe Laat ae Sb emeets erctelcats, « citeierecs S. Somerville’ st: .2.:.. Lamar av. 
RPPOUL SVs, LS sansa s Marketmavinya sais sc sias'si-'« POplate aver cataaies ete « Carroll av. 
Pee Garrutgners pli. J4,..KMveroreen St. oc. ....cs006 Dickinson este meccaacces Carruthers av. 
Wnstatiag dbs, 149 occ). vee Cape AL Wa yo jscidecinctastes « Lamar av. : fa kictas Ss Trainor av. 
GAVCOMAVE, DD oe oi schb ce aicles WO PLVVELLOLEASGR is ce cin tis.0 slate KV lES Sta. sides siestiaaiete cis Cayce av. 
NN; Center lane, D3 ..... BGDIAr AV citeiiciele seas tise Bxchangel AVinya. 2. ctcicess Court pl. 
N. Center lane, D3 ..... MaAGIRODe QV.an dle.ees acs KREGUUOVM mars see ate ates Center alley. 
Ist w. of N. Main st. 
S. Center lane, D4 ..... Hae Me@ally pla ess tie MGCISOMM Wailea csels< ales Center alley. 
Ist w. of S. Main st. 
Wenitaieeay. | Lelist ics. ss AMAT CAV ak seis seeeeee See COO Peas sy per dietews cies Central av. 
Hescnapin: pls, Hy... .. Mississippi boul. ..... .-S. Simmons alley ...... Chapin av. 
Hosnaries, ples Hlo-s:... GE WIS ae SU cmc wecterie ere haere N. Bellevue boul ....... Charles ay. 
E. Chase alley, El ..... INP GoW WEL me Roa Gane N. Manassas st. ...... Alley n. of Saffarans st. 
Ghelseaw ave, FL oc. .8.. @helsearay,, beyond city limits! jones «cle sciieee ee New Raleigh rd. 
Chelsea av., El ....... AND OCCONGS Shame. se cites 6 Sev enthicast-ascers sei ete ders Chelsea st. 
mee Cherry pl., EZ ..... Mississippi boul. ....... Se RCPLCANISH Sema cere ete Cherry alley. 
Mester st. CG i. 0. 000 Balin Chae! tAcdomcneecnor: Wiser Butler Sava mressiscce ssc Chester st. 
Ne Ohoctaw alley, E2 ..Auction av. ......3.5.5: Ghelsean ave anes. saceace Sixth alley. 
Alley w. of Sixth st. 
Memenoctaw alley... 2... AUCTION: AV! 4.620060 « DAL iililler Qeae ee acer tcharerehereieret atts Grant alley. 
Alley w. of Sixth st. 
S. Church pl., D5 ....Gayoso ae SOUL LOA VO Uli allenic siiss cicreralt acevo ejate Short Third st. 
preeGnack | pls.) HS. 2.3%... WHCEST OAV iG wets tierssistetet ys ere Walker aveniiesiajaactenctse Clack st. 
eeGlaric alley, D3 ..... ING, SIOWGINAIEIA. comme Grade Bayous GAyOsQu cass. sc ete Alley n. of Market st. 
BEC aVOrOOk, §Sbt.,. Lo. ee OPlar AVe cco. oe ake overs MAC KSOMGN AV smc ctets « as 'sheltsre = Atkinson av. 
Peeneyprook ‘sts, 1h ..Jackson AV. cence. cece Viollentine: avi) «ces < Gilchrist av. 
Olayorook st. 14...Madison av. <0 ncsccaess Boplar Pavema cm cleats oc N. Claybrook av. 
OReyOLOGK) Sb, 10 4 .MadisOn AY. i205. %0ccnie. WLOMS BV ne 53 ok ais Sean 8. Claybrook av. 
Sem Olay brook, St.,. 16.,,.Peabody) aVs os .c..0 00a Harbertina Vermeer dea cteter Paradise alley. 
NeeOleveland: 86.5, 10) .»-Madison “ave ac. sccs5 eons Washington av. ........ N. Cleveland av. 
S. Cleveland st., I5..... MadisOmet AWat rocatl eetesis +: Centrale avwuedewa destaes 8S. Cleveland ay. 
Se Gileveland. &b2,) 16) s...UNIOMP AV. Waesves-crcecce Peabody AV. nasheenete Valley av. 
8S. Clinton pl., F7 ....E. Georgia av., s. to alley Ist w. of Walnut st...Clinton st. 


622 


CITY ORDINANCES. 


STREET NAMES. 


NEW NAME FROM TO OLD NAME : 
Ss. Coahoma pls; GES isa Wiles se aiven ge. arene aioe Walkensivay lect cern dew aeues New Wallace av. 
N. Cochran pl., G4 ..... Poplar AVA ea canes sonia Meriwether av. ........ Cochran ay. 
Ee Cockenple, sDSiancnnes Ray burn: boul yesria. cre Tatham: 26b.3s. pees Maryland av. 
Cole satleyaioi. wea Rayburn boul., e. ist s. of E. Railroad ay. ..... Sawdust alley. 
E. \Colevalley,, “Di .28:: -,Rayburn boul., e. Ist s. of HE. Railroad av. ..... S. Wright av. 
He 'Colesalley; sDi een: Rayburn boul., e. Ist s. of E. Railroad av. ..... Wright alley. 
College 28t3 G9 aS bees Walkerayins..cocennen EK. McLemore av. ...... College ay. 
College: tst--- G9 eine nace. E. McLemore av ....... Be EM e Ss avs ee semmet Fowler av. 
Hy Coloradoeay..16 CSi. sh LOrId ay Stee sce tele eieras Ital G lyase eae ovens Cheeni ote E. Gaines st. 5 
WW. Goloradozavs. -C8m.. 4h 1Orida sstt-a ne). cee Rivet aaisae sete meee W. Gaines st 
S. Colwell alley, C8 ....W. Jackson Mound av...W. Colorado ayv......... Colwell ay. 
Commerce ay., DE ..... NatPront ist jaeierae ae Bayou Gay OS0 a Wecnsgaete ent Commerce st. 
Comorestsy Eines aectir DEX OM CRA Vs opiecmyela asiercener Phelans) ave (cen serene Como st ‘ 
Como Sl Marbled ULC de Aha ey SAO BeeEruths auleyets, ccc Dixon ays ooo Meee Gardner st. 
Concord av.s) H2) isa. : INE -Bront Usk (oh sete een Bayou .Gayaso ssceceeane Concord st. 
Concord 2av.e,e HS waccee LIS Sts brine cence Rocca N. Manassas st. ........ Bradford st. 
Concordesave, tak Sua ss eiaes Jackson caveayes sees High Stars sc oecse acho ae Robeson st. 
i. Conduit eallev. aon aq. New orOntgests eee Otte eins IN CHOurths Stasis. reise Alley n. of Exchange st. - 
N. Convent pl., J5 ~ LAETSOM SAV scene eva cane Poplar? ayer 417 eviseteneae aes Idlewild court. 
S: Conways: alley,. 16: 4:8. 7O0rleans. ist.) 2s. sem tc McKinley sta" 22 enemas Conway’s alley. 
ING Cooper sts; Hla awe sic SLAC SOME LAV moat iene Overton: Parks ssh hanes N. Cooper av. 
2 Along eastern city limits. 

Si. Coopenush. lis sei. Madisonmayvoe- acm ceries TAIT Vices Rieti eeeetete S. Cooper av. 

Along eastern city limits. 
W.. Corinth ply Big tem Kansas ish. acs eae ee erat Pennsylvania st. ...%... 8S. Broadway. ‘ 
Ss. 'Cossitte ples AGG) faces Eastmoreland av. ...... By listivals platens Cossitt pl. 
E. Cottage pl., D6 ..... Dre HOULtR Starter cer ae Turley. St ke sicee wea eres Cottage st. 
Court DIV SDA etek lets RAVCTanc te ho eon sere aes Nas Puckers stew eae eee Court st. 
SOULE ANA EO cinco chal rele N. Bellevue boul. CCE Montgomery st. ..... Erskine ay. 
GOUT UAV asin LO twister cies East End Park oles Gata Nv: Cooper istiecven ae cuies: Munson ay. 
N. Courthouse lane, E3..Madison -av. ........... Ghelsea: Say. secre eine Fourth alley. 

1st e. of N. Third st. 
SCourthouse lane. DA Wmlom ye aVien ee cies toe Madison) aie ye ccioterecteers > Fourth alley. 

Ist e. of S. Third st. 
ES Courtland y ple, SGM ss.) axemberbuste ees S. Cooper mst. wen caer Courtland ay. 
Be Coward: pl: G65... Hast Sta nr ares wins ee Sia Dudley sist peace dds St. Paul st. 
@owiden 2avi.g Sa avarien: S. MeLean boul ........ See barksdale este sytem Logan ay. 


CITY ORDINANCES. 


623 


Cowden av., 


E. Coweta alley, H2 .. 


NEW NAME 


E. Crematory alley, F3.. 


E. Critchell alley, G4 ..Ayres st., e. Ist s. of Meriwether av. .......... Critchell av. 
N. Crockett Die ily oa. H. Coweta calleya iio Fs. Vollentine "avon oon asense Crockett av. 
ROUTE YL Spe ILS he) sual oo 6 VETOETCON: (Sly, vess ees elas Na Meoleam boule). o.. + Crump ay. 
HeCupbpins siley..Hl c..N. Hronty St.) o..s. cc. Maxwell st. ...........-Alley n. of Keel st. 
Crammines sts, G9... Walker "avne ook ob oe caen E. McLemore av. ...... .Cummings av. 
Cummings st., G9 ..... E. McLemore avy. ....... Bee Kerrey By k c3,sie ce ciare's Elliston ay. 

SMO VAILHL Ae DleetiOn vss. VANCE) BVs v2 de..os sce votes Site AULA VA sacce certo S. Cynthia st. 
S. Cynthia pl., E6 Wa LIVEN AV AE beerctle aicven tis WAT CEN TA Vitess. ste shie'cte aces Cynthia pl. 
ee axota, Plame. so... WIOPIda: OSs ten stan ee ore Nets Cae Remeron teen sateterens Morgan ay. 
WeDaler plese BGr s. sc.. TiGUISISNA MSU we ee fete eie ters Hrisco: eInclineyed. cae. es .New st. 

Ber Darnell, pl.gocs) ....: TEXAS RSts ey aa stepi te kiesiers is me Cem ivon buses. aeccstetela ¢ Darnell pl. 

SP AIPIAC. Pla ls Sciccets «6 Wisconsin av., s. Ist w. of Riverside boul ...... 

Beewawson pls, F200... Peytonest... Ws elst ‘Sh Of pailarans” AVS « saccases ce Short Saffarans st. 
He Dawson) pl.; F2>s.... Seventh st wie sae ois ees OVLOM ME tem cterecd gs Soe ste lene Dawson avy. 
MSGESUUMES. AGA creiciee'es © Washington aves -enekcs TACKSON ANG Piwack ot velaee Brinkley av. 
IDEGHGIT BE. 5) GAN ccs nerd soe Facksonsay.s seeseoe sce Chelsea Wave) spetele ictus rate Mosely ay. 
Melaware sts,.-AS %. 3. Wie Railroad’ caves Vac). os Brisco Incline § 1. sac. Delaware ay. 
Peewelaepls, EG s0....8 S. Lauderdale st., w. Ists. of Vance av. ....... Delia st. 
Beewelmar <pls, G3 ....- PD GCAU URES bgaty. eles tee ae Ney aLdrare DOUla 2c oss Delmar ay. 

He DeLIOAl aps aCe foz.c A VTCS ) Sls) cl sys-cjs05 0 alee asic DEGACINA Stews steers afert s'siepets Winchester ay. 
Heepennie alles. bo7...,bayour Gayoso: ey ist, n..of Union av.....02...2.% Old Union. 
ieee Sen IG! ctv ya, MAGISOM: A VWiop hereie ocethe.oes.« ane SVC O01 BeaiVine > os eet te oP retae Diana av. 
WVERIMSOTNE Sis, cd -cenic see Poplars St vies cx ee is eae ACK SOME Ve we ticntelds (atv scalar Dickinson st. 
USOT Vater lis; «asters tsls ako Walnarta Stitinirctenida's sos INGDLUME NS. e cre ce seveie Chickasaw pl. 
DSOTI VHGA S) cheeses vie oo © Si. Orldanscst, Siaenks ss W ates Siler ea ea ateate erate Dixon st. 


E. Donahue alley, C9 ..E. McLemore av., n. Ist e. of Florida st. 


Beeworothy pl, HY ...:. 


S. Dove alley, F6 ...... 


Driver 
Driver 
Driver 
Driver 


Driver 


a ee ey 


ey 


ako 6 a ¢.¢.2) = wie 


FROM TO 
Via crs) Se Barkadalenst: a. slecees See Cooper -St.ar ac. « 
jbreedlove: Stet s21.cens,« TEWISe Slsg ate cia. © 


Concord av., e. 1st SGRA HTL BUT eee ey 8 


eeeeee 


“STREET NAMES. 


OLD NAME, 


Cowden av. 


Coweta st. 


Crematory alley. 


..--Donahue alley. 


Wood wards starva.emaeste.. S. Bellevue boul. ...... Dorothy pl. 
DUZELCER Slq mite ii d-thie eters Ont LUAILW AY, foetld shewisieias Suzette alley. 
Hy RaLITOAd Sayan mehaaests Hy LO WAR AV G ol saies Mostar s Cannovan ay. 
EK. George av., s. Ist w. ot Mississippi boul. ....Crawford st. 
LAIGCY 1 AVA irda le ects chee CUIVEI Singh aada teen casts Harris av. 
Beale: avo ey). hav oeheiere Sole eAANGEN (AV. o Wiasn ete eae Driver st. 


EK. Georgia av., s. Ist w. of Mississippi boul. ....Looney pl. 


624 CITY ORDINANCES. 


STREET NAMES. 


NEW NAME FROM TO 
Driver St... Owe. elders Vance av., s. Ist w. of S. Lauderdale st ....... 
Driverssts, (Somber secs IWiackaW Javea naa Sestenals Walker javier Giacneecien 
S. Dudley st., G7 ...... Cann AV wart cova WH. ‘Railroad av... .0.. sce 
S., eDudleyustse iGO ra.) 0 UMLON Ve. Gin cereale me Carr cay. Ge tiasesiiiee 
S. Dudley st., G5 ...... Madison av... whee $ Union avec as Lees 
S. Dunlap. st., G6;...... NID ON SLAs ico ioe erate Vance savers a) ae sens 
Ni Dunlapgst.. Go... - Madison Aay.n, on spices oer Keel save £5 ck srrousemec ate 
S. Dunlap st., G6 ...... Madison) sAV; [2 sania crae aye Wao CAV ss Grace aia sae 
E. Dunn alley, G5 ..... S. Dunlap st., e. Ist s. of Union aye: veces 
Dunnavant )st.3 19 <..).1.5% E. McLemore av. ...... Park! Driveway ie oases 
IN. Dunscomb Apl ie scdemGo iN sukUcmukt. mre serene JACKSON SAV waits eeomciaet 
Be Dutropliy SBN cess cure S: lauderdale sst-cn. a... BL Railroad savers es cres 
Hastvist)s iGo ia. cee ois ties Wniony aVviet-seeacccees Be Coyard piper seek 
Mastst., Gl Claessens Bac Goward ip) ies seer BE. Railroad avec. 
Hastmoreland Aav., Gb....80.> BY. 2h vy... bwcaece S. Bellevue bowl ieeseiae 
Hastmoreland ‘vay.soclds seb ime wb. ac ace. cic neal S. «Watkins «steicanestnumer 
E. Eaton alley, C7 ....Michigan st., e. Ist s. of E. Railroad av. ....... 
We ohranwaley, C8 Hacc sete MOxag ESE: rosie cube ere ShSuecs bei oieteve Sit je) pli oueaetee oleate : 
Edith avi, WD9\<icaciesnee Patton gst. tae. jc erste HathamG Sten ecaeeeis 
Edith aves DO lies sees we S. ohhird jets ote eee S. Wellington st. ....... 
With caves MLO meter S. Wellington’st: ....<5.. Ss. Lauderdalevst-<m - 7.4. 
MGICh av.gGO en csstatok eloINCDUUN El Stree art ai teetehe ocak Ss.) Beach“plo 2-51: Peony, 
Edith vavi, HO soni cts eb. POTLEANS Stuy a eerie S. Lauderdale st. ....... 
Hadith avec een ee -Mississippi boul., e. 2d s. of Walker av. ........ 
He yhdna ply. Gonos... .College st., e. Ast n. of E. McLemore av. ..... 
Hihottuill seven cee Lucy /av., north Aste: of HPlorida st.) s.r eens 
Behm ple D8 cera. ee LSC AAS ODSae Ne anaes Ray urn: Doula aie ae 
Ne lmburst pl avers. PPOplancav. tees. anton ets Exchanges aves ere nics sek 
IDR Lenaen oles as Gobaa Go S. Cooper st., w. Ist n. of Nelson ay. ......... 
HmmMie!sSti,-.I Sige emt.t wet Buclidiy/ 2 Vie cmc neice LaMar wave dkcoteren rents 
E. Ensley pl., H9 ASE SKAMUDLOULH Stes metas esate Wilsonvst: ees bentecerene 
By HIStiVvVal pl 5 GO verse Southern Railway ...... Hast sti ac cece tater 
UCHLI. AV sat eS lier viele ete’ amar ave cates ater Enmimie <st. Wass eases 
Buclidvave oKSie-aeeeeus Hmmie sete cok eee S.) Meliean, bouls a2 .20% 
Hyelyn say ayes MHéland “Ret css eee a SMctican ihoalae vant 


ed 


Byelyn av. du8) 20s, S. Cooper st., w. Ist n. of Nelson ay. 


OLD NAME 
Ruth st. 
Nesbitt st. 


Dunlap st. 
Dunlap st. 
Union alley. 
Dunnavant ay. 
Dunscomb av. 


Mitchell ay. 


East. st. 
Ragland ay. 
Spring st. 
Spring st. 
Eaton alley. 
Egan alley. : 
Wooldridge av. 
Osage av. 
Edith pl. 
Dean av. 
Aydelette av. 
Rowley av. — 


Edna av. 


Elzey ay. 
Emmie ay. 
Montana st. 
Estival pl. 
Euclid ay. 
Klondyke pl. 


Evelyn ay. 


CITY ORDINANCES. 625 


STREET NAMES. 


NEW NAME FROM - TO OLD NAME. 
Evergreen st., Kl ....... Jackson av., n. Ist w. of N. McLean boul. ..... Hill ay. 
Evergreen st., K3 ..... MP OplaDe ave waearastaeisieslotsse VACKBON S BVive ss clsrcsestarciots Evergreen ay. 
Exchange av.,° D3 ...... RIV ODM yee selects ie omiets es Bayou, Gayoso ei sit. <c6s Exchange st. 
Exchange av., F4 ..... SELICh Stan eetaetis. 1. Wve, Alabama’ stew fete acs e. Exchange st. 
Exchange ay., G4 ...... DECaLUC Stee WL Ste Ih OLD DOPlAy ay mci aes cree aes Exchange ay. 
Eee harrow: pl., Coo ..a... JMC RECS ae IP ociodids nomear So Main aiSUsmive tats ets Farrow av. 
BEEKOM AVia We ccc chee te Lis oOG Nite Luyrk teen ees res N. McLean boul. ....... Faxon av. 
(SES leh (eu Se ea Hoselly ets (cute iva wadis Eloiieadt ibys /s eee. eas Folin, ay, 
Melrer avin KS. ae. oe ss PF Bt. Mites 2) hess os S. McLean boul. ....... St. George st. 
[RCI S SE Ra al Declare earn S. McLean boul.’ ....... Tanvlewoodistanwe. cara. Felix ay. 
eee Mern plese LE. css. N. Bellevue boul. ...... N. Montgomery st. ....Swayne st. 
Petia ge Ko 220.2, ..~. Auction av. .:i54.- fe Vellentine ay, .2...51.. Fifth st. 

E. Fisher alley, F8 ....McDowell st., e. 1st s. of Walker av. ........... Lenow pl. 

E. Fisher alley, F8 Petco npit boul. Aa SAE MeDowellag stout acts seiscs & Waller ay. 

S. Florence st., L5 ..... MadISONGAVed telsies. catcies cs WWNLOMBEAV ss: Vesons one oe cles Florence ay. 
Ploridast., OS: v:.2...5 eCeOrelad AVeS eee os cles -New South Memphis ...Florida st. 

eH LOVE Alleys D7 ls 'e10 «676 Haitarlroadie Ava racic 6 see VIL SiN aa Vane acielelclere Floy alley. 
Dem BOY CALALICV,. Dt. seca HLONG. Sli ce aen sce wie DAV OUR GAY OSO Nis -eislee sie Alley n. of Union st. 
Mawbiy es alley Joy... 00% PARTIR TREE Cees ss's eas 38 Pennsylvania sti "is... s Fly’s alley. 
SeHord ples WS 25.50... Wialliamamavinr. sence sats VV UL Cian SU Vain sr reinte ec ctaks Ford st. 
IGTOSUE AV ta oO skies s cclec INS RW ACKINSEBUL sates ee N. McLean boul. ....... Forest ay. 
OSEETMEAV sso IQ cre eisai tse ROZOUM SUM WEStin ssvicdetaacocelcee ches llucsiace see oles Texas av. 
Fourth Buea eteteise eles PA TCEION AV. cele sts sect sice Vollentines ava... osaceess Fourth st. 

N. Fourth st., E4 ...... MAISON A Vent sls a telesales cre Marketed Vin trons este tae Fourth st. 

Sas Hourthy st... Dic scas< HW GOOTSIA LAV. texters Walker? avn van cosmic Davie ay. 

S Fourth st., D6..:... Madison ave Sis test ss. stsis Bom Georeiayave ess tease DeSoto st. 

Sic SOE Ue 0) bn BY ik ear Bip HALTOAG av sarlele es ele soem Orleans eC-mer ene ore -Frank st. 

S. Frisco alley, O7 ..... Wir Georoian ave scc ns ee Wiemarolindeavee a. ste cles Stratton alley. 
Deprrort St,, DSP. ..is. Madison av. sc cdvecunscs CibveIMi tesa eae ae N. Front st. a 
PHILOUL: Sb) Cale. ves: Se MadISON “AVG ce cle sees Bealefaverives vocnesstalas d S. Front st. 
Sr rOnt Bt../ O58 ss cecces Beales avi iiasick siocia ee sists Georriak avs on weaee te Shelby st. 

IBA GONEStsLSiieis's ates 6 0 ae AU CLION: YAW slaicicleretre.s sere WNCAIDS AAVst) Patistecs stereos cla's Fulton st. 

W. Gaines alley, B8 ....Kentucky st. ..........- Pennsylvania st. .....2.. Gaines alley. 
Galloway av., J3 ....... TSE OG) Ne ge Beas re otal otal N. McLean boul. ....... Dewey av. 


Galloway av., F3 ....... Ne Dunscomb /plowe..... N. Manassas st. Marr st. 


eooreeece 


§26 


STREET NAMES. 


NEW NAME 
Galloway av., G8_.....:. 
Galloway av.; G3 ....... 
N. Garland pl., I4 ..... 
Gaston aves Doane 
S. Gavin alley, E8 ..... 
GAYVOSO RAV ss Ou icleersesc nice 
H.* Georgia ay:, 2D? o.cs%. 
W. Georgia av., B/ .... 
S: "Gibson tple, SHGava ie. - 
Gilbert avs, CS8iecteena cs 


R 


Gilfield alley, C8 .... 


iGill- ples ae ees. s 


oa & 


PUGiLIeAs pl. «OOue eee. s 


. Glenwood pl., J7 .... 


4% & 


Goebel pl., G4 ..... 


& 


. Goodbar pl., G14 ...: 
Goodwin pl., D9 .... 
SNGOY CL Ples enlistees sais 


mM 


Graliam ply, -Gon.Gs 
sc GRANGE erarstaves ace 


eh enh: eral eo| 


Graves ipl; Gis cals 


MD 


Green’s alley, C8 .... 
Greenlaw av., E2 ...... 
Greenlaw av., G2 ...... 
Greenwood st., H8 ..... 
Greenwood st., H9 ..... 
S) (Greer alley.D(s mean. 
E. Griffin alley, D6 .... 
KE. Griffin alley, D6 .... 
ScGrimes spl-.s D9 Ss... 


Groverava, mG» fuer caiier 
He Guthrie: ple aby ie. 


E.. Gwin alley, E2...... 


PB Hall yap lenis Oe hetatrs sete 


CITY ORDINANCES. 


FROM TO OLD NAME 

N!-Dunlap st: 25.08. = N. Waldran boul. .....: Spring st. 

N. Manassas st. ...,.... NEC ED Uma pasts aeeveremreranets Wood st. 
POpPlarigavs icin cece tree Galloway; AVe.e cies rete Garland pl. 
Patton estate eee wee Wellington st. ....... Middleton av. 
We “Tlinois, avjcsinl wis Of PIlOridacst, i) sass cee Gavin alley. 
RIVE he ictasemaa aaa enlas S. ‘Wellington st... 2.7. Gayoso st. 
onda Sl nara BaSticStis pitti aoe nee E. Georgia st. 
LMlopate ewetsiny 4 tas oltia Sein aul FRAVED Os cs Seecuete ieee W. Georgia st. 
Lamarvayess. istae; of Woodward st. ie.. sem. Gibson av. 
RayburnvpOUl ger te: oes £ JCS Re RS ea seis Gilbert av. 

Bea arlTrOadwia Vem tes ES = VArginia a Vier aceite Gilfield alley. 


Ist w. of Texas st. 


Kyle ost. Ae )oc sat cteistatres Oakview “st! .crasnseces Forest av. 
Rayburn = bouliiierk ence LiCx Shops ins ecmneeee Maple av. 

S. Belvedere boul., e. of Anderson st. ........... Cowded av. 
Poplar :av., (SOUtR assess secre emery ve sis thats aie Goebel alley. 
S.° Willett: ist.; ses; 1G Wer Seche Se hih eve nea ces .-++-Goodbar pl. 
Ray burns 900ml rer T. t@ a Rass tcc dae Goodwin’s Hill. 
S. Lauderdale st. ....... Ei. Henderson) pl. ia sence Willett av. 
Madison saveruvnee. pace Monroe caver inn. corinne Graham st. 
TO WIS Stas cies ae teat eas N. Bellevue boul. ...... Grant av. 
WMLOM AN es os ecley lies ae Peabody. saver ne. eee Graves ay. 
Walker saves. waver cener ie Bsoblin ‘pli jase erin Green ay. 

IN. erOnt aStamee nh cote N: sMeDavittenple a4. ee Greenlaw st. 
N. Danlie Sbiy goto waar yee Noo Watkinsestes ss ccacne Winter st. 
HaRy.der apliiveares + acres Walker avoir ih asec Dabney pl. 
Walkeraiavin cise aieris: Bo Kerr navi ours sccdonons Greenwood ay. 
K. Iowa av., s. Ist e. of Rayburn boul. ........ Walker alley. 


Vay ULM HOO UU eer ere S. Pourth st.) sse.a err Rocco alley. 
Rayburn boul., w. ist s. of Calhoun av. ....... Griffin alley. 
HH iMeWemone avs accra. E. Trige AVA) cows tae Soelee Grimes pl. 


Along) I. -Cs “oR: R. 


WialkinintscSts. sea nerctera cunt stere So, Dudley-st. owas emetic Grove ay. 
Thomas st. ‘w. 1's. of -Vollentine .232 27.6 Bender pl. 
Nas TON ti Staite INNESeCOnd Stal. aie Gwin alley. 
Walsoniistiass piveocatoemts Cannon) ists icon ee Hally av. 


CITY ORDINANCES. 627 
STREET NAMES. 
NEW NAME FROM TO OLD NAME 

Semel Dist ND ieds.cs ss GAOL AV e ata: toto tera aor ct WVihaVo Veoh gh ios intl ah Aah eee Ham pl. 
Nestamlin: pl.” b4 s...- HODLAL EMV AB silos leis. cte. e's EXCHANGE. Cavin sci. en wel Hamlin ay. 
E. Hampton pl., E8....S. Lauderdale st. ...... se Orleang’ st? teas Hampton alley. 
N. Handwerker pl., G5.Madison av. ............ Gourte aVaiaces teats as veh 2 Handwerker road. 
MaMPOrtieaV., 600" cc cess es S. Belleyue boul. ...... Sa COPE Sl. en. keh sams Harbert av. 
Rastines,.st., iGdy 7... . SAAT ANS hAV esgic ee ce cee Keel savii ss caucus acne alee Carroll st. 
Hastings st., COPE SEER. 25. PAGKSON sea Viger tithe ct syeiene Sahar avse a Ven encircle ater Hastings st. 
beater ayn EL ess vs sais" « N. Montgomery st. ..... Noa Watking? St... chee st Hawaii av. 
Hawenorne st.4 Ko... + POPLAL a VV me ciao atest haa! J AGO. “AV 81S .s wee edie Hawthorne av. 
Demitaywood pl. 18 4... LMamMar. AV. (sc. ces se cene SOs, IVALLWAIY ate aisteig see atta Haywood ay. 
HE. Heinrich’s alley, F8..S. Orleans st. .......... Mississippi boul. ....... Heinrich alley. 
Heetteiskell pl... BPs... Wien UG! Sts stare ern aed ate imate Neptune , St) sae eer -.Lucille st. 
Beelieistan ple, dH? sa... Bellevue boul. ......... Wilsons St. deans cement. Heistan av. 
PMELECersOm. Dl., bf) 272 bis LOWa SAVe cece se cece. Sa Prank) pli. ...4--. oalckomnney~ st. 
Rent yee adV., 0 Wales sib ete se «e NVOLE sitrveromiies ce sics sins SPCVENCIUSU MEG ae aris ctayeres Henry st. 
Hiaekory’ avs, (Bl i235... Nip Cie aki at Gap tstaclera/s set-ocs Fourth st.. none cee: Hickory st. 
maIppee ave Distt. ees s 8... ember. St. 0.402 sees S.. Cooper stad iheae ones Higbee av. 
PEMES RL OT Atk. cid ee A ORINS "AVeo eee oes ese ce eDACKSOMPLAVG! os: aletshe aleinerstsre High st. 
N. Highman’s alley, G3.Galloway av. ........... VACKSON AVE Hot. we siieeoee Highman’s alley. 
PATS Mcenircarercte cries te L@DAINA Us. asta cere se0 0 PACK SOM MLV RA arh st etoee ares Hill st. 
EBUEMS Gra IDO. natese ie v/0\s'0; «10 GATVOLU UAV sm one ses te aisles Ala DaMiae Stay, ta swice's gio ese Thornton ay. 
meartionanrt ple, Elsi oe... DIROEAAV Ev icisve haste eres etahee Wee Ravroad ave levee = Hobart st. 
Peerorineallev Gs Vases, Dunlapests de. ca «sx S Se DuGley eStats: wincstes Hogan’s alley. 
Be LOLMANT Plo oF. ec + cle Seattle st., w. 1 n. of Southern Railway ee Set Holman ay. 
N. Hospital st., G5 ....Madison av. ~.....ss0c00 VOM CTSOMLE AVA dcravetaetele Henry av. 
E. Hotel alley, C5 ..... Se Warnerapla tases. Da eE TONG Stctb. mits lee ek rns Hotel st. 
E. Hotel alley, C5 ..... Sep bronte Susie steers ee oes S. Main st. ...........Alley n. of Gayoso Hotel 
S. Howe alley, E6..... Mississippi boul., n. 1st w. of S. Wellington st..Howe alley. 
s. Huen alley, BS ..... W. Gaines alley ........ NW COlOrAdon ava vanes. Huen’s alley. 
BAUM ee Avs) ClO) acy ele wrote RLV OL 2) ute pardstin aitany chats < oye See OCCODGL SE. Yactisc na sears Huling st. 
peatinmphreys: plz, HGt.\.. Vance Ae schececcscesc's Ge bar DV ee rieare Seats elole aes Humphreys st. 
Ne-Eappert pl. G4... JETLETSOT gs AVper ota = clrie’e- iol Poplar ravalsijas. sence ete Huppert av. 
Eas Blo OM eas tes Mississippi boul., e. Ist n. of E. McLemore ay..Ida av. 
Pe Levi ote Kee eM ACISONS AV, sMOLGN .icice donc citunacceen! ssesarcedees N. Idlewild av. 
peldlewild st.,. Kb... ses MaGisonia BVeiy.te adelsie sel! s'sd WMIOM PF AVL ae date veces S. Idlewild av. 
S. Idlewild st., K6 ..<.. [Sialkoye Shu ee AAR Seer bindens avg ss seater es Ellen av. 


628 CITY ORDINANCES. 
STREET NAMES. 

NEW NAME FROM TO OLD NAME 
ECAlinoissav., B892.ce Rlorida setae seas aie Texas sti eee ae eae Trainor av. 
W. linois av., B8 ..... Florida <8t:03.5,.s0sps sees River finches keeiencer Trainor av. 
Indiana <st:5 AS bec Wee Railvoadiave oucteaces Frisco Incline .......... Indiana av. 
W.. Iowa av., BS ....... Bloridagstiospecrence seen RIVE? sgh were posi eee W. Towa av. 
E. lowa SVS OD Oiie tres HilOnida Sat midemeceee atk Mississippi boul. ....... KE. Iowa av. 
Irene Fay, 18 =e eseh pte Ss) Haywood pl.s\e.ucsmee Rozelle “st. .22 sssrcsoeee Irene av. 
Jackson cay., (H84.ccee aes Promenade mstwere, .stiane Alabama Waves sa tei ater Jackson st. 
JACKSON AVis Shel ek estate ATabama Pista prajuaieaec ep Decatur; St.ciece toe Johnson av. 
PACKSON AVE, lc) sie erciete DEecavurnst wise ciaeeee ee Beyond city limits ...... Old Raleigh road. 
H; aJackson Md “avi,o08-.Plorida  st.ie.neenceraceios LiiGs ARR ate eee E. Gholson st. 
Ww. Jackson: Md: tav.,ebS Ht lorida cst, Wiese cceeee Pennsylvania, st. sane W. Gholson st. 
W. Jackson Md. av., A8.Pennsylvania st. ....... JELSCY: Sts 1 earosae site omnes Van Buren st. 
Jamesiist.; (HS sees So. Railway) eoen sien ees B. TMeS AVS oj aeeeneon James st. 
DAMES iste TO ae ee eee K. McLemore av.:.....:.: Sax0n: AV." Scans Oak av. 
Jefferson ay., G4 ....... NieDunlap sstvoae. teases N. Dumpkiny st. coer Bass av. 
Jefferson av., D4 ....... RAVER cues wale sate reretitonre ois N, 2Dunlap stis secmenrn Jefferson st. 
Jefferson av., L5 ....... Hast ebnG spark cesses N.) (Cooper.cste: Wiese ert Flora av. 
Jefferson av., K5.)...... N. McLean boul. ....... IN. Pucker st: wcemeen ene Vernon av. 
Be wehliplyGilsr cesses AY CUS E8t. 1 vaca cise ates DecaturuStom. naweseceer Jehl av. 
E.; Jennette-pl:, -NSit cess e Orleans, St; Loosen cr Mississippi boul. ....... Jennette av. 
wersey (B35), HAS 22 vinnie nue We Califormiawann acces W. Colorado av: ..\,..:.Oarrolls st 
E. Jessamine pl., ES ...S. Lauderdale st. ....... Southern Railway ...... Jessamine st. 
W. Johnson alley, AS ..Delaware st., w. Ist s. of W. Colorado av. ..... Johnson alley. 
JONES VSEA GAS tees ei ee ia ee Alabang sStscce pieces Overton Park av. ....... Jones av. 
BE. Joseph pl, Gl ...... SAVIOR USE. Geek co vat eee ees Breedlove ‘Sti. ai.3. wets ae Joseph pl. 
By Joy alley; WS aire ee INES TONGUBG. Mil ieeleienie eens Bayou (GayOsoy: sexe ae Alley n. of Adame av. 
Kansad (iti; sl oriaiese ee W: Galhotin (ayenins ore W.. Kerr av, ont Kansas av. 
“Kansas 3tij) B9un vewesdee W. Mclemore av., ncn Ey Se aN eerie iiss Li). Horn Lake road. 
Keelway oo Gi sea cnyeis N. Manassas st. ........4 Decatur pats eae cit esis Bruce st. 
Keel (av. bulins stop aevotee eer RIVE So teenie hel ecole No Manassas usts scree cee Keel st. 
Keel avs, Ui teeeccmelecte se eo STECHIOVE Shari tieree ects NoWatkins sts eerie. Frances ay. 
S. Keely alley, D7...... BE. Georgia avi (..,.0-.0E. Railroad Bviscce oats Davie alley. 
Kentucky Sst. Bil coe W.;, Calhoun ‘avs | 2c5 .ccins W. McLemore av. ....... Kentucky av. 
Kimbrough st., H9 .....E. Heistan pl......0.s.680, Railway .<..4..+..0. Currin ay. 
Kimbrough sty, HS oi... Walker vay eis caierciis esi ste -E. McLemore av. ...... Wyoming av. 


CITY ORDINANCES. 


TO 


NEW NAME FROM 
TCV AVe ge ELL om: citer sos Hy DOSED Dismiss «cet Ghelsede avs wo incase os 
S. snight) pl., FS ...... Williams av., s. Ist e. of Mississippi boul. ...... 
Peaekocnlen alleys G6... mast) sts secre secre ees SOn I RALLWaAYVa te cot cr ae lac 
LVIERAL Me OUEtasiasweecsee 0s, LWALLWAY seis sees ose Park Drivewayive.. ans. 
LS GING epact 6: Ieee ae See VCLYNUAV Boer ia. teats Tid OTAAV aes eeistd hee as ols 
IRvlem stirs 9 sek eset s « SORE LVALL Wa VRRISOULIEG cto vis 0 ste'ela, able ties Bio oo oketeie cla ale as 
LaClede av., E8 ........ SA LMUITO ESL ay Noten lathe si eretee SaeWellingtonestene nti 
haCledevay., EHS .......0.. S. Wellington st. ...:... S. Lauderdale st. ....... 
a@ledevave, ES)... ..c. S. Lauderdale st. ....... See Orleansust. wants aces: 
MOLITILDE AV icot LA sie cue 0 aheisietn S. Somerville st. ....... SF COOPER Stal. cco ttte erase 
ERO Ve Gres ote ale Wu aie 6 ELIS Sty harasses te sree ciate Ne Waldran)boulsyox.)\4. 
OAM BV GS. sews ce vane AOR ROO AUD GE P -RUiioe SEC. UORIOREe Gap Oe aEBOrer Mane 
W. Lanham pl., B7 .....Kansas st. lots caredes.s.Pentisylvania Biotact awe «viele 
ORK IN AViee7 14! Aiesavew acs:s ..N. Montgomery st. ..... IN Garland plies cases eric 
E; LaSalle pl., LS ...... East End Park .......... N* Cooper #teiec sc esc. 
CMA Shes D9 cele << + 00 WaIKGrO RVs) 3: is acat adele a ASHIOP AV ai temitelersiers; o'a000 oieisie 
SEL AITY S6cg DOG, cis.0 sreteus oe BS TOW SAT BVa clarence s oe Wialkeneavas cory a scact 
ie Lauderdale st... H4... Adams av.........s00s0e08 PRODI Ara avian vrs eeere cet 
N. Lauderdale st.,. E4...Madison av. °...........- NCLANISS LV aiiisteattiaictsisie aie 
se, lauderdale st." E7, 9.Union av... .s...c.seecees G Hise COLI VV nae. clears dotare star 
E. Lawrence pl., J4 ....Dickinson st. ........... HVeETETEENI Sts face. s cy.ss0 
pep ene hn. DL gE <a es SP OUGY AV ares traetreln dss! rar g's se FALITOAN AVotanat's< <2 
Leath cop te arr eee eAutumn av. ...........-Jackson av. .........00e 
HOHE EB Urerr oe c's ace acts 6 Pe ACKHON SAV cece creiit crest ce KCC be AVeue tele aes treater este 
heath sto N4 sass .. pitas EODIATWAV Yas nites area mottne A TUIEAITATI cB Vicoteavacs wrote tate. jel oie 
GAG eR Get Le we ac ome sec «eVLASHINESTON AY... Jc ees PODALe A Vier se tisoren eats sts 
Bie eer Dey LG) ciel ae soe 3 sHast, Dna Parken, pte. Ne Cooper steep .ceee te: 
HO MASLCEEB bs nO Wswialsccom UNION” AVW Cassa ce etic eeies Peabodyriaviar «3. . thee 
DamveMoyner pls. HDi. .o» Orleans-stx .....00cee SOue Rall Waye cee steels tees 
IGENOW= Sbs50 E'S). io cloves SerolVy LLILSINS) A Vietecmes avsteite crete Walker av. annetesienari 
Mier ta Os IN. alley ....e0e INS BrontcStem.. sae teraress N. Courthouse alley ... 
PeLiGON: Divge Giles si 1a ere VAYVCPS: SU: Ie 5's e1s 0s! ceisiam rere Decatur star a: ccs -iclsi aioe 
ewasest.ge HS,49 ccc .s + Poplarea vem aes eterene(« SAULUIMMGA Ve hese o terete eiatiie 
MGGWise Step (FLL Wen siers a's s so ACKMOTEY AV > sa TONG praetor sien ote ee SL akoPovoharsiotets 
meves, Alley 2. .....N. Front’ at. oc. cin oneee Seventy strove sy essere stele’ 
Linden ay., D5 ......... BRIV OR a erdsxon aby Sek IASG SU shen: ne vasve eaten levers 


629 


(STREET NAMES. 


OLD NAME 


Kney av. 
Knight av. 
Koehler st. 
Center av. 
Kyle av. 
Lafayette av. 


LaClede st. 
Lockwood pl. 
Osage st. 
Lamar boul. 
Lane av. 
North st. or Lane av. 
N. Broadway. 
Lawrence st. 
Court st. 
Latham av. 
Park av. 
Yates av. 
Charleston ay. 
S. Lauderdale st. 
Lawrence st. 
Moore st. 
Gates av. 
Leath av. 
Ross av. 
McGehee ay. 
Lee av. 

Marks av. 
LeMoyne st. | 


Lenow st. 


-Alley n. of Concord av. 


Leon av. 
Grove st. 
Lewis ay. 
Alley n. of Mill st. 


Linden st. 


630 


CITY ORDINANCES. 


STREET NAMES. 


Linden favs, eGGmsransase 
Linden ay., K6 


NEW NAME 


-LeMaster st. 


FROM 


PASC ISt seein aera S. Watkins st. 


TO 


Ry A cicecaaetn pal J S. Rembert st. 


a ear 


eC 


OLD NAME 


Overton ay. 


Mystie av. 


inden ave, G5) eeisos Se Remi berbestancn lence S:  COOperrste as. siaccmes Eldone av. 
gE. Line plow weer Rozellssts; = westward 24 vs. oe lee cle eration erecta ene West st. 

Shue Don Folens LE l hese Wan Rallroad @avi9 mw acnes WW.) Var eine Haver am aoe s Litty pl. 

S.L Ett ye ph Baan haere W.. Georgia (avi, /s. Ist eof. Kansas Staessen. Short Kansas. 
Locke ast. KO occa So. Railway,? near Wamartav. cu enn - seems Locke ay. 
Lofiand av., A9 erase sie IVELSIGe GOO) tenis ce sete REVEL erite see ene te Lofiand av. 
IDEN DOES ADI awl deh Sg eaac SofHOurths sts sce. S.- Wellington: st..:4-csaste Long av. 
Looney avis we eater NRE TONG Stiopiee oot N. Main st. .............Andrews ay. 
LOONCY: -aVing Baie scr. INS UM aI E SEAT fects coneqenete, ces A Vere Sts, asf va seusteeriee Looney st. 
Louisa st., F8 ....... ...E. Railroad av. ...... Walker av. ......... ....-Louisa st. 
WOWISAHSG.,, CHO mteersate rete IW TITAS FAV coe acy. ter seperencs Walker Javiuicto cme acta Church st. 
Louisiana sSt., WBS econ eee WV GCORDIae diver Sa eenet. Olkdahomaava snes Louisiana ay. 


Tyouisiana ste, 0 poe. se -Oklahoma: ay... beyond: city. limits: secarunt aceon Shepherd ay. 

S. Lueas alley, G6 ..... Om UR aILWay i7\.myo tira Be Georgia ave ene ae Lucas alley. 
Ist e. of Suzette st. 

KE. Lucerne pl., D8 AG Rayburn OU Ae ie iateccts) cna Latham “stoic camecn ones Lucerne ay. 

E. Lueille pl., F6 ......Bet. Walnut, Neptune and E. Railroad av. ...... Lucille alley. 

LUCY VO eae ieee ares BIOTIC Stat sn cts sate S- Orleans St.) recat Lucy av. 

LUC y avi HOU Sosst evenet Ss.Orleans sty ccs meus RACE MSts te Lesion cine sateen Arcadia pl. 

N= Lumpkin ost; <J3,0-0- MAadISOM wave = iit ces eae aa ING Ree RR ieee crete N. Lumpkin av. 

S. dumpkin 'st-,;0 0ase. Madison! eave. ua. -eh- etre Umilon tay tec oe S. Lumpkin av. 

S. Lyceum lane, D4 Ustechie DV igs cre mbehatahe tsetse Madisoniiayerycmene sarees Third alley. 
Ist w. of 8S. Third st. 

N. Lyceum lane, D4 ....Madison av. ............ Chelsea ava sscrett ee oie Third alley. 
Ist w. of N. Third st. 

Madison av., D4 ....... BROnt = St. sce. ccah Seles sens UDO xSbsr hs ant Actetereterdars Madison st. 

Madison av., H5........ Dunlaticsts ie eae cee ces Cooper Sta ccna ee Madison av. 

N. Maiden Jane, D4 .:...Madison av. ...:..:..... Chelsea: avers teckel sae Second alley. 
Ist w. of N. Second st. 

Si Maiden dane D5: 38, Derleuave tance ats cei Madison? tavieocecnutentele ce Second alley. 
1st w. of 8S. Second st. 

NA-Main sti; Davao ote Madison iava vee acct aa se City; dimitshacnset cee N. Main st. 

S. “Mains. CO fone se MAGISON GAY Eis ase Eeteee obi LOWANAV IN crake eee nt S. Main st. 

Sa Main 'stssC9 eens seteetyw MeLemore aves. sacs. HEMETigg aysenwnese clei Main st. 


CITY ORDINANCES. 


631 


MOS Vea Veer lid. tenders & 0's WACKSOM GAYA tasers ems ce SRODES: User as ds eitias © nie 0058 


STREET NAMES. 


NEW NAME FROM TO OLD NAME 
E. Magnolia pl., 19 ..... DUnnAVAN GANA, GAs Gir ster a eeee asreiochie ree aceie esate cle Walsh av. 
Namanaran alley. Ge .s.80s IMAlLWAY .. 1.0% sere He GREQV OTA LV wwe musiek lelenes Managan alley. 
N. Manassas st., F2 .....Madison av. ............ Citiyae limits ent ctenis disiala cts Manassia st. 
S. Manassas st., F5 ..... MaAdiSODMAV we sii oes Eastmoreland av. ....... Manassas st. 
PMENASHAGHSES OID. sstens DEALGLAV 2c ister adel g sab 056 Kastmoreland av. ....... Brown av. 
Mansfield st., I7 .:.... Harberbe avin farce: Wen traledvees. <.-. eseoe Otis av 
IMATIKCEE A Vasu LO cca ticles Nee Bronte stsaveec ts oi aires Warrolleavay esvaccrscte ete Market st. 
No Marks st;, J5 ..... pe MAGISOMG Avemineeaticce ts cee RODIAD SAV ete yee aeeet N. Marks av. 
N. Marsh Miller pl., E8..Winchester av. ......... Market avis cory. rercuneerice Winchester st. 
Marshalliav., H5%.. co. cies Madison aves laswecqe coos Eastmoreland av. ....... Marshall av. 
INSeMadsey. pl, 14... see sse Poplarsaves na ist; e7 of Clay brook ‘stz. cn <2 sls tetas Massey av. 
S. Maumus pl., F7 ...... Bhelanwayewti~Sstmes OL se. Orleans) St= as son. taste Maumus av. 
Me We te Stray Hl 2ies.s\oce] avs, e'e7s Greenia wir Vswaivys cteitateicre Bethel a yeerer ate tase: Maxwell st. 
PL Vas tret Lehr ctaiersten ne cle EC OUMITIEL A Vee TIOLGILED a attece sietcicestl cbinie atta tiie cee ethers May av. 
Melrose st., I8 ..... saiee RCADOOVieaV an heniaces ee as,s Oa ta llWalyamaee creer tenure Melrose av. 
Meriwether av., G4 ..... IDGGR CUE Stasi ce laches’ = N. Waldran® boul. 3...°...:. Meriwether av. 
Meriwether av., G4 ..... PNET EUC, acm SIGO ROT IMOOOE DeGatuiree Stare aes arete.s Market st. 
Seemetcalf pi. Kitt...c<. OOP Pais ae capo bice Coca osm Cbatedite lian a Unsere nee oe Linwood pl. 
MATCHICANISL aod Lome whe te Biss TOW AV ig ere bro sre Saisie o's Gilbertrave woaeaseesesis « Floy avy. 
Mrehigany St. Ol: sscoes oo PE EGEONSIA BVasas cides othe eS lowal avin sreiae acteke Michigan avy. 
Bier av a He (on 2 ata WN rant stjicees ea hee Poyeonvsts ostr/s) bao Mill st. 
Seaburn De Blass... Hes CArolinaave. awe. tees Hier VAL OMNLC AY gardens 8 ces Milburn av. 
(Dy JU bhebe eS of Reems ye ee Woodwards Sts si csc ces S. Bellevue boul. ....... Minna pl. 
Minnesota st., AS ....... Wralllimois’ a vans cis ertects Wier lOWa, SVzi ics .h so Piomingo st. 
Mississippi boul., E7 ....E. Calhoun av. ......... He Werreav: Bes acie- 1s teste Mississippi av. 
MOTOR AV ls) EOt 4.(ty0 a scsce ame Wil bRITIS) St.greemesrs rranels Sy MeNeil. sista cee ses alate Katherine pl. 
MOnTOCLAV., LS wesc. SHU LANG Stak steve sechoaaiets Se COODEL Sus mere saisteicet ee Monroe av. 
MmMOnTOERAV:, GD) ....0.5 0.0 REV Cat aacs rica tine ted Goodwin property line..Monroe st. 
N. Monteverde pl., G4...Jefferson av. ............ Poplar av. he cat sie bolus ste Monteverde alley. 
iNew Monteomery st:, 114. Jefferson ave 20... +00. sSACKSON AVs see eeeees ese Montgomery ay. 
N. Montgomery st., I1...Jackson av. ............. Vollentine* aye iittecc.. 1 <- Nicholas av. 
N. Montgomery st.; H5..Madison ay. .............Jefferson av. .......2...- Spruce st. 
N. Moffat alley, F3 ..... ne ae Ut bay Alabama ay. or Moffat alley. 
Ne Morgan pl, T40 soc... BOpIar.avon. saat incite ¢ PEACHAV A saudceies jeiee velar Morgan ay. 
Morrison st., L5 +++eee+eMadison Aa gorda TRSAOBE WITHONGAV am ietetis atic cide sere Stratton av. 
MOSD Yee s Ome resins «elect JOMESTSt.s eee Gear eae se Queen Sts swans aes, tenterene Hawley st. 


Mosby st. 


632 CITY ORDINANCES. 


STREET NAMES. 


NEW NAME ~ FROM TO OLD NAME 
Mulberry st., C5 ...... se CALE A Ver aere serra esos RULING" Ae 2 > worn elena Mulberry st. 
E. Muller pl., H2 obeavere .Decatur st., e. Ist n. of Jackson av. .............-Muller court. 
Myrtlerst,, Ss tsicieietate'< eA en Tavis ener Pontotoeiaveneur aaa Bowen pl. 
Myrtle ist..o8 G2). ntkie ies eUIRILON SAVE at oe ese ers So. Railway 4.9: wsecraees Myrtle st. 7 
E. McCall pl., C5. ...... SOV AONE Diemer pias eee Se MAIN Stet alee, sae McCall st. 2 
NoMeDavitt pl. Sh? JackSOn! avs use ee eae 6 Sallarans -AVa denise telesales McDavitt av. ; 
McDowell st., F8 ...... SWALTAMS AV. inset te clase Walker ayick alesse seins McDowell st. j 
McDowell st., F8 ...... Walker Av. G.iiou esse uses SAXOMUAV iis cslsure ante janie Murray av. 
MeKinleyst:, (Re ncctee 6 St. SPaul avske seen ace B.oRailroadsavic. seas McKinley st. 
N. McLean boul., K3 ....Madison av. ............. JACKSONVAV carlsson antes : ...N. McLean av. 2 
S. MeLean boul., K6 ....Madison av. ............6- E. McLemore ay. ......:. S. McLean ay. 
W. McLemore av., B9...Florida st. .o....0.....+ Louisiana) Sse .cen one McLemore ay. 
Ko Meliemore aye: Loss. blordarsts cei sacn acer Ss Rembertash. warts -McLemore ay. 
N. MeNeil st., 15 ..... oe MAGISON AV. Wide :c'e< 35 nei Poplar tits... see ceae een N.. McNeil av. 
N. MeNeil st., 14 ....... Poplar wavcrcineanmec cscs Overton] Park avers Willodene av. 
S. MeNeil st., I5 ....... ePACISOM A View tee ii clolersisvele Uniongavataiaccas< cme .S. McNeil av. 
Ee:MeNulty ‘alley,D2 0a. N/R rontest. ii. ssiienia- siete N. Courthouse alley ....Alley n. of Overton st. 
Nebraska: av.,: B9><).%s. SIGANISAS TSU rR cit crore miorere Louisiana y Sts. sce tee Nebraska av. 
N. Neely st., F4.......- MAdTSONS AV: ne hie conios ae ee NGAIMNS AV Oe Once aeetaeee N. Lauderdale st. 
Nelson av., (KS. .ci sr ~.hvozellst., sbeyond city limits: <2 s.cmemele nee «sete Nelson av. 
Neptune st., G7 ..... gate Os , GROLIWIAM B's op ec srs eile Hy Melemoresay. xt uone Robeson av. 
S22 Nesbitt (place ache siete WA LITATIS HAV: esc iouens lereterelets Walker avi wahiaas wees Nesbitt st. 
EK. Nettleton av. ........Tennessee St. -.2......6 sO NED AML SSUs ater ra ialteke heen Trezevant Ps 
S. Newell alley, E8 .....Williams av. ....... Stirs Wiad lKersavs chs iete ae Meiers LaRose alley. 


ist e. of S. Wellington st, 


Oak SteMObee cee ee wise - Chelsea Gave! ass incre City; Limits eee siete Oak st 

Oakview st., J8 ..... aise IAM AT MAV On ite pievercitrenaate Son allways oucer scenes Oakview ay. 

Ohio AV; CAS wettenra seals -oeArkansas st., w. Ist s. of W. Georgia ay. ........ Leonard st. 
Oklahomaay., BI tees Pennsylvania st. ........ Riversides boulsaceseetncr Mound av. : 
Oliver iavj, Sivonen. rise on LC LCaTl sDODIe ayer en Cooper st.) s.ceo.ce ee Oliver av. 
Olympic st. dle se usei SP ACKSON DiAVas aiinicis wien tneters ~Vollentines avin cence eee Olympic av. 

E. Orgill p., 19 baw sees Wilson Sts OU es eratave .Dunnavant ost-cec cece Orgill Ne 

N. Orleans Stes We cic ets «Madison! av.c ces. sece ces -Poplareay:, wccemuaaemene N. Orleans st. 

S.. Orleans st., F6,9....Madison AVG nccperemerds Park Driveway ee: -S. Orleans ‘st. 


Orphanage av., G2 ..... oN. Manassas st. .....00 SAVTOS BEA oe isco mata alte Greenlaw st. 


CITY ORDINANCES. 


633 


NEW NAME FROM TO 
Overton Park av., 13 ...N. Waldran boul. .......N. McLean boul, .... 
RIVeECONM bUti BVe,) Ko. ew DECALUL) Ey oun eee ct os rate N. Waldran boul. ... 
SSVETLOD AVS, Wc ge ds aie' se Nai Brontistayeseat:s cas. Bayou Gayoso ...... 
Barkosuegm ll crt al celete Pea CHEISCR OAV hae sig wala kte ote Citys limitsiees eaters 
Boe ASACeNnasplig ELD) (ass eeAIILON) Ve) | sate selerse ce are SING Gee UV ere arcane aferaters es 
PAELONMSGsry DO views dinates SUVA RED AN ee rusdatiae ates sLALCYY DV ie anes oe Seca sania 
N. Pauline st., G4 ..... .Jefferson av. vet eteeeeees Roplarsavens wacwes <ce 
Ne Pauline) st:,..G3 sce. BMAP KEL OV cubelcmis cise ckipss Peach sAVel bse Senween 
NeoPanlinest.; Gb....- RMA CLOOINES Vat moira rei retale ware Jemersony avi dos aes 
ee sualinersts GG) esce« 6 WG nya View eteae soso CASALE AV te ahaa aera 
. Pauline st.; Go ...... MAGISOTUEAV ad eats e me icrere teat Ipaeteyri Sky eeiyer he peor 
PeapOd Aves 1G) cee secre SHASULStey Geant antes tyaere Se Sap COOPER Sts ears ars 
PeaCHe AViid a Loy eta ons Jee AVTCS SU. mma se citraseaaias acs N. McLean boul. .... 
PCA CI AV gs ELS: tere une aele\e « Decaturestee cu: ecto. IN. Waldran boul. ... 
Pearce? st., vGle hociecicas JACKSOMEAV a ae mie sion ced ete Chelsea avet wascesss © 
Eee eelipia alley lar enNa lB TONE Sta r.ceins secs ec. N. Courthouse alley 
ENN SVALVANIANBUs5 4 15d.) wae ER LVELU beicdereierstet ales a alist. «0 ears Wee Eri pon aver sai 
Hos bPeters ple L6: oc Sun Rembertasti, 2. aeess< Sa OODEL Stamm eee 
eyLOMEGh: ub eis cree ates Erte Soc Nie bese Beata er ayereterate SUACKBOMEAV: aie. oasis 
ey LONUAb. (Hed ecttaac cass DACESOMMAV a werucicceso rate sia» Saflarans AVi0 sic wloee 
Phelan aves HG vac sisin wees DeOrleans Steprosre setae’ (COM OU Sbstarirnatwcisiie ote 
Se alIpSs plan lOve... E. McLemore av. ....... De LNiC Ot av wheeler « 
Pickett etsy KBo\ <0 0.44). 0» Along west side Overton Park ............04 
Pee Oreon, ableyya Hive soy HTONG St.) 2 wa islers ones Bayou Gayoso ....... 
IPAREGUSE- Geel Ones as aioe ose oe UNION aero eeleeoe ile e an READ OG Vranas alercters 
Piomingo ay., E4 ....... 306 Madison av. ......... N. Lauderdale st. ... 
S. Pioneer pl., BO ...... NVASCONSIM SAV) anise acta Frisco Incline ....... 
RGUKRa Vis hEdirena shia terse cs Ss. Lauderdale st... 20: BAStRSUtERee scene Pere 
BONG SEs OHO) .c\disiee ease ata Kee McLemore, avin casseetsn, LYISQLUAVG) wales as 
ROntotoGlav., 106) 2:)..'+ 6 RIVET titres. ce atiuctdine elec dele See Dinlayn Sta cone eter 
Paplar Aver G4is. st xeeces« Rivers Dey Onde ib yelled sacar aterictsre srotelctera ciers\ats 
OULET RGA EO wate «1 alefaie. eaters Walters avian titre. ces Walker av. ......... 
IOTter Rts, Eds wa see cle ees SDIIXONGAV ea lamar tet SWIMS! AVsy eee etererers 
Promenade st., D2 ...... MOULTBA Ve Patreyelanieiestree ts ATICEIONN EV ein aetaorcnaniats 
EPOVING AVS ECT caces ve ee Mississippi boul. ........ TGOUISAL SUsnestakter ete ates 
Mreen steriGe) to ees eMeriwether av. .......... Peach ay jecia ae. 


STREET NAMES. 


OLD NAME 


tie CANE, AV: 


...-Keho av. 


ae VerLOn sts 


Sean al est: 
....Stewart ay. 
erisiek Auton av 
..«.Cook av. 

Anil ari ates ya 
..»Murray av. 
-+eePauline st. 

jee Dayliss. ave 
....-Peabody av. 
....Carnes av. 

ee LIGKS avs 
..+ePearce av. 
....N. Jackson st. 
....Pennsylvania ay. 
....Lenox av. 
....Bender st. 
...-Peyton av. 

eee Delan ists 


....Phillips av. 


...eAlley n. of Jefferson st. 
Sie IN b avs 
...-Old Madison st. 
...-Pioneer pl. 

ee OLCESts 

wea ONG Bb. 

dei ONLOLOG St. 
pee eODlan ste 
....Henrietta av. 
«.- sorter st. 
...«Promenade st. 
..+«Provine st. 


....Queen st. 


634 


STREET NAMES. 


NEW NAME FROM TO OLD NAME 
Race stay wk Oma me stays. E. Mclemore av. ......-. een Seay clans am totes Race st. 
KE. Radcliffe pl., oH16) see. Woodward st. j.2s-..5.. oo. Waldrani bowl: tint ee Radcliffe pl. 
BoRailroad save. Gece FLOTIGA SStaeteverece baie So, Railway testers ke coe E. Broadway. 
Wes RatlroadmavitrEs 1 rs OLIGlre ban asl cveneienerere rile ers PELVGR Ss crores sts nieces acto rete .W. Broadway. 
S. Raine pl., 15 ae Ate MaAGisGuica vein asian were Wrniomvave cicineasre sont Raine pl. 


Randle st., [2 


Pee dite ee ee TaCkSOM AVE cv des sees 


CITY ORDINANCES. 


Vollentine av. 


see eee ere 


Malcolm ay. 


Rayburn, balks, teste. Bealevav., beyond veitys limits cir. «ere naire stelle see Rayburn av. 
Raynersist.) weiss nae ING Cs Pia SUE Nae creer els E. McLemore av. ......% Rayner ay. 
Red) Birdmaveeeelen ys, oie Evergreen st. 20h. cet Man) Sth seaplane seats .Vine av. 

Ba Regent pli, WO ease as. Orleansr sts cents Renews RACE PSL we chistes cee reat Regent pl. 
SeplayevadleXeripetcliee OOS a nisl UNMKOI Nh ien Mae cdoa GboOdn Madison’ av. ....2s. sews Ferdinand av. 
Nos Rembertest,) Wore ase MAGISON Laveen womens Poplar caver civ acetate Ferdinand avy. 
S. Rembert st., L6:...... Wiilon cavitaene a cseeutets ores amar aise tesa eects Rembert av. 


Rhode Island av., A9 


Riverside boul., 


LA SATKANSAS SU. eine ais 


Neier eine WISCOMSINGA Vici ace ets 


Riverside boul. 


W: © Kerr caves tin scones 


eee ee eres 


Riley av. 


Livermore av. 


E. Robeson pl., F3....... TLIO IU ST vie ate aie ae ere ae Ni Manassas str 255); se ac Robeson st. 
E. Rocky alley, E6 ....; Sei uaurderdale sts” cit. S. Humphreys pl. ....... Rock alley. 
Rodgers BV ALG athe slela ete MelroSe' Sts... isla es > oe Rayner st. ............+. Rodgers av. 
Roland jets aSa. desis eee Centrale aye. cinies-accel ek SO. Ran Way, = pats erent Brown ay. 

Roland St; ad dice velslorece Harbert WAV Fees eee eee ae Centralwavernics feck aon Roland av. 


S. Ropers alley, H7 


S. Rosentine pl., H6 ....Carr av. 


ROVSter Sti, Jit 2k oh eens Poplarcay.,- Daelst eof Ne Wallet stata. -at eer Royster ay. 
ozell StS aeteae ae ete sCentralvavow wuxsone ates on SOm Va Walyers aero -Rozell av. 
Rozell stim Geto. wee as $ SUMIOM WA Vig Neer tents ecto Harbert awe rvsstx. see sana. Hollywood ay. 
ROZeU Stier di (neces wraae PSELANDELU Ta Viera ae etiewett ees Central) av. ssc taaiicase Annesdale av. 
Rozelljst-s J 9s veasw cack -Cayce av., s. Ist w. of Kyle st. ........5..5...-% McLaurin av. 
EB. Ruth alley,o 26)... ; Driver /st.g. wry, LSt) SsMOfs Vance) av. aeckemen. ween Ruth alley. 

E. Runnimede pl., 14 ...N. Claybrook st., e. Ist mn. of Poplar av. ........- Runnimede ay. 
BE. Ry Gerla Sins acs. oo.) NOMerVILIEIShac ies cae DT AIMESS SES bs totais oe po serene Ryder ay. 

Da aTANS laVes kt aes ee a ERUAVIOT, re usiaic a ecors Oehe ines Grats DeCaturast= Aiaconkeuecase Saffarans st. 
N. Sanderson alley, G4 ...Mosby st. .......0...0.0 K. Winfred alley ........ Sanderson alley. 
Saupaleswalikeye ab (i erumrysree W. Virginia av., n. le. oL-Arkansas "Sto.5%.cesce Sales alley. 
Sesanterd ply. seiGmeaeie. E. Ruth alley, s. Ist e. of S. Wellington st. ..... Sanford st. 
Sardis ust.. “D9 penn. Fates WAT CV ap SUA caaities closet sieuetee Park Driveway.nnece eee Meriwether av. 


Saxon av., G9 


abe ees .»» Neptune 


Met Se LATINA: A Vata sce eeic een anes 


Ce ee 


SUo eile eicemrits 


So. Railway 


TGAINAPHANAE it eee erent 


eee 


eee eee ese 


Ropers alley. 


Rosentine ay. 


Gollesessti hesumicsecsiote Collins av. 


CITY ORDINANCES. 635 


STREET NAMES. 


NEW NAME FROM TO OLD NAME 
Pa ONM AV ce teeta, wate c +0 Kimbroughestan, -aesie 1s; Wilson st. : Ne SO aE Oe Idaho ay. 
SAX OMMSAV. aokl Oinse dead «is 8. Somerville st. ........ S. Bellevue boul. ....... Laurel st. 
AX OMe aVegtul Gore clelente ss ce 8. Orleans st. ...........Mississippi boul. ....,...Moore’av. 
Saxon Ae OD rte crclaicieteuare Mississippi boul. ........ INeGp GUN esStowencc: evcree sr 0s Saxon ay. 
E. Schorr alley, C6 ....Tennessee st., e. Ist n. of E. Calhoun av. ....... Shelby avy. 
Desclniarealleye D4y.. sue HTOnt Stress. sass) 2s See CLIN OS CONS tet atectte Alley n. of Monroe st. 
Deattler st. KSs ove. ccs BGCHOmAVe mS aelshe Car Gla tinin iG Streeters cecil Laurel av. 
De PeCONGEstss WD ws cree <6 IMac disOmea vin erate asc sre. e.vse.e Eas Cal hOUne avatecste sea S. Second st. 
Bm SeCONCs Slay OG: te dase BCALG AVer <0 sleie ce veleie eee Be Cal ountaviet. ees St. Martin st. 
Sy secona:sts, C6) siaas.« Be CalnguueaVe esas oe dee He Georpla aves A. ysacn ee Lea st. 
N. Second st., D4 ....... Madison eave beyond sGlty, Lanitsicas cracls ae ciee «a2 N. Second st. 
SF second ‘st:5 C6) ves. We SUter Ain verenit sos eistens Ide MOM OINGERIAL Cb obmcee Todd st. 
S. Settles alley, F7 ..... PHELAN AV s terete sete e es PD TXOMe AVA Ue cehetere fare a-ha Phelan alley. 
DGVEIUL ME Stems blames see «sn PACKSOML AV. oc-n wtieliste cies Chelsea ys avissnres acct oote Seventh st. 
SEVENGM’ Sites Wd ~ c:. ole dciene Ghelseam av. e beyond Welty Limits sem at cio. cee siehe Randolph road. 
WEVETSON, AV. HG son ce S. Somerville st. ........ S. Bellevue boul. ....... Severson ay. 
Neeshnankss plas fince a... JACKSONGAV Neel shy encOL SCVENLD SL.) haan sas en elstete Shanks pl. 
PUA We Dig cH Oise. crc a> Haennetter pliai:s cj. DAXOMT AV aes tas Sale artis sienche Shaw av. 
Heesnes, alleys: DS fs. ..a: Na Brontysteae te stone ene s Bavow Gayoso. fan stecies Alley n. of Poplar st. 
SPE OMITICYs Dlo.8 HOU sees s « WMLONWAV ys cence eters eons Beale avec Seiitiests.c starsat Shirley st. 
S. Simmons pl., E7 ..... BOK aViewintpiele es cton eer e E. Railroad av. se neeeees Simmons ay. 
SIMPSON’ AVe4 Wr wes ec Ihathamests +. tern etait. S. Wellingtons st.© 2... .- Parker ay. 
Simpson av., BO" eek ote, S. Wellington st., e. Ist s. of E. McLemore av. ..Powell pl. 
SUNTOSOM AV. OF le vesle ies Oo Har Rite stetioat le ae Yi eM. ha Ries... 5. Simpson ay. 
Simpson av., D9 i202... Rayburn boul ime cer ceric. HAtharneustem cmc ctete 3 Simpson ay. 
BRU Str ys Latin d cabucd lun, aa 4 ATIGLIONE Stemeiaetaer tarsi Chelseaqrac® cia-vsecre sities a,e Sixth st. 
SHLOMO CUAV tele (hia ota sien ete Sa Dudleyist.c.6 oece.nteet S. Bellevue boul. ....... Sledge av. 
NaeomItn alley eT see: He Carolinaray., iste we of Rayburn, boul. ats .ce: Moore’s alley. 
NesSOmMervillen st.) How os MaAdISON AV. c.cs.dcleres esd CfeTSONVAVs ..caeesccaes N. Somerville av. 
BS oomerville: sta, Hic. lamar ave, os. voce vere e OVERALL Wyse stetetrescls eteters Borland av. 
SE SOMETViLLGcst.. HOy aos WNION BVA sicies ce eteiaes cleo Care eavind. te ciecients airs «oe Durant st. 
S. Somerville st., H8 ...E. Railroad av. ...... shew, McLemore av. ....... Elmwood av. 
S. Somerville st., H5 ...Madison av. ............. RITION! CAV ate str eters S. Somerville av. ’ 
Southern av., K9 ....... Rayner st., e. along Southern Railway .......... Southern av. 
BEM Estes LLars.ty.e home. VACKSOM p AV preter ce dtaaeiers Vollentines aves sess. a: Lula av. 
E. Stephens DIA ESa ses, Mississippi boul. ........ =. Lauderdale: st. ...0. 4. Stephens av. 


Sse John pl., Hi ac... Geral) avi sotian cece nets Be Georria aves St. John st. 


636 - CITY ORDINANCES. 


STREET NAMES. 


NEW NAME FROM TO OLD NAME 
St. Paul av., D6 ........ S. Main st. .......... ...8. Wellington st. ...... .Clay st. 
St; Paul “ave we kndoe S. Wellington st. ......: S. Lauderdale st. ....... Frazier st. 
St. Paul avai Sean S. Lauderdale st. ...-... Wialnitt. SE pein ene St. Paul st. 
Strattman, Town; D7)... Rear No.7786 Rayburn -bulll.0. 42s sete ees Strattman’s Hill. 
sStrattman Town, D7... %. Rear’ No. 286 Ry Railroad ay. vess vious. Wee ate Yellow Bottom. 
SUNIMET HAV, Neuter ethers NixDunscomb iplekiceaes IN@ Manassasist arctic s tes Stanton st. | 
SUNIMEY sa Ve alee ecin teers N. Manassas st., beyond: city inits (2. ). i. ccs se oe Summer ay: 
Suzette sst..w HG teesiandec. So. RaTLWayon cw icen aire Ey Georciavavi ecto Suzette st. 
SUZCEUCTSEL HE Timur oats EK. Railway av., north, east of Walnut st. 1 ae st. 
Swayne ists, | Gliges.> emits Chelseacavigr Oris erosmce ints Coie nie bie ee eres Swayne av. 
SY.CAMOTE fav, uaoveien cer RIVER, Wee a aitatioate Belem eae Sitethh Stay ow aateenes ee Sycamore st. 

: 

Hace alleyih2 Saeee INES ROM: bapbAeeentc yecktene tiers N. Courthouse alley ....Alley n. of Auction st. 
Palbotway.. (Obie cae en GEVOR Ss5- cia" ed s Secreta total DS CCONGESE: | weer an aeee Talbot st. 
He Dalley ples Os note ate Cummings st,,°e€5 1st n..0t Benne erave ies crt Grace av. 
Tanglewood st., L7 ..... Harbert: savin aeon emer So; Railways =. ccnese esis Tanglewood av. 
Pate savas eG weiss aes SucOrleangmsts revs cine otis Walaug ssh. an at geen cae Tate st. 
PennNessee ust 5st wa el. Beale rave aware rine Wis Georsia vii saeco Tennessee st. 
Wexagst.q C8 We eae: biels Be Calhoun avin ssa. BL WROTE ave ganten eae es Texas av, 
K. Texas alley, C9 ...... Florida st., e. Ist s. of E. McLemore av. ....... Texas alley. 
N. Third st., D4 efeitos Sie Madison. st:,* beyond “e1ty limits..\.5.. 02 a .cles woe N. Third st. 
Sip Waele beste ml Dipti aia set By GeOLe lara Viewys1 iinet te oe Res Rar Oa AVelcaeee eeiee Dean av. 
SS OULITG eB ts eG ce: dense ASTON CANS rs oe race eierats 3 E. Georgia av. Bhd iene Hernando st. 
S> hard “etry: ae ca cae Madison FAV... cer cee Oy UMION SAV) slaesue one ae S. Third st. 
S. Third st., Dia terrre ater E. Raiwroadsavs ware Ey LOwa Vs bases anaes Preston av. 
SEITE Soe WS cams ae TOW A SAV ulead -aesan ently tale E. McLemore av. ....... Poston av. 
Phomasssti wh un ean ee ae Chelsea ay., beyond- «ity limits ............. + vee Lhomaseaye 
Nea onl -alleye shia. stents ACTION AV. acral ences Gheslseaty avin tiers scenes Fifth alley, 


Alley w. of Fifth st. 


. Triangle alley, D7 ...West of Rayburn beul. and n. of E. Railroad av.. Triangle alley. 


E 

Bee'Primble ply abc. 208 a Diaheteby hacen cer Sos Cooper etiinso ee aes Adams av. . 
He eLruth alley, BVon). sec so Ol On sbe 1meinerecns weet sae Micktinleys sty. asies ss ues -Dixon alley. 
IN dneker Sti, Ak reute te Madison Sty svcpice access Poplar savages o.itesac ces N. Tucker av. 
S.e Lucker st 15 iste moa ison seems serene ies Unionraviesns ve teeees -..-9. Tucker av: 
Turle ya Steg eG were cracrcran © WaANGCCLAVai: ccieiel seiieeroee HB Utler ay... acta c eierstore Echols st. 
hurley stu dbices seme eit. AS OALS MAWES clei leche use a oats Pontotoc!av. =<... ale -Turley st. 


B. Lurner alley ioh4 4. .weNe Brontaste tease see IN 2Orleansusts sanwvecnrn .-Al. n. of Washington st. 


CITY ORDINANCES. 637 


STREET NAMES, 


NEW NAME FROM TO OLD NAME 
paeluirbin alley, 7% 2%). IDE nea We Ace eke abies Hee LO WALA Va oeee tree Turbin pl. 
Wen irigecay.s, BS J... Bloridac St: a. aqme ie Rivers eke hee oak W. Trigg av. 


Along southern city limits. 


EK. Trigg av., WO treater s/s o'e Florida ,st., e. along southern city limits ........ FE. Trigg av. 

ae EV SON Dloy i Olbuviavier ee Bietbatl tod tiv auesagleraters er IDR Mabe aecle ath gir GARE a See Michigan alley. 
MTOR Vea Gal. a e's Bo Rront atic. tose is dees RIVELM aae sisters latinas ess Howard Row. 
Deion RV Gedo yes veces SEOs MANASSAS Sts vewcercc css Sit Cooper: St-veeraceue ane Union av. 
MAIO EAV OT ce aasts «nae SE PONG Sban sa elaaie stereos. s Sh MUPRECED EMS lidacHinne Union st. 

Utah av., Beery ann Kansasusti, i. nekine catetes Riverside boul Ot shes Meacham av. 
AVTINGE SANs, gfe BiOu vavate ercté, ale UU CLIMAaaraisiolettre elertreicteicit ase SAP WALKING (Stints theme eee Vance st. 
WESEY: AVee Ut is icles <fe.04 UOZELIM Stamnes we dae wlelacieiave’s ADsashera(s) (te (ae Gok ce one .. Vesey av. 

E. Via pl, Haat ere aco Breedlove st., w. Ist n. of Jackson av. .......... Via pil. 
Vinton av., L6 ........ FIO REMDELb Ste leavec aces O35 COODERSUy s seta neces N. Harbert av. 
MeaEONC Avs. 1G) at cee het. S. Bellevue boul. ....... Sen Wallette Shrwass stetcl. sha Vinton pl. 
Bovareiniaay., C7 i... WLOVIGGESLY , «crs ciety Vai eletele Sei PMEYO Sire ees racrestere strc E, Virginia av. 
Mem ITO nist yee Is) steel LOTIODN Ste! 1. se se slave wes RAVGree sata acic fae les.« W. Virginia av. 
Seawaoner plo, OD: aes ve (MOT TA Veercisie Su ccm ba Bie SISUILV ET aie es .c.cists ators ole Clinton st. 

Nee VWiakldraiy DOUL: sh Eas ye ODLAL CAV, . ccisre ccs cise A ACKSOMG AV. aa tials aid aanels Waldran av. 

Ne waldran bowl, H4 .. Madison av. ..csccocese es EO DLADBAN eisiiceis, sisi srer. asais N. Freeman ay. 
S. Waldran boul., H5 ..Madison av. ......... seeeWNiON AV. «6. .e eee reso ee 8. Freeman av. 
Ray TiGrany DOW) etl Oma. LINTON: AV ot diecicieles) sialels'es Bee Aoned: plies sists acts. « Virginia st. 
Wetieere a. .) WS ruend Tai Gn Shopsivavevees sets ste BOs COOPEl) Stats akteesetia. Walker ay. 
Walnut: St: B'Gied eracccs 0 UINNTOMY AVieb ois ux sratarbepeinl oars AB dapabbpor eles oe cones Walnut st. 

SS. Wallace pls, D7 )..5.8 BieeLOW Ep AVeba sareretciereters:c. SEL eHUON GE Dl. e vdevete's cattatete Wallace av. 
Washington av., I4 ..... NesGlaybrookrstus so c0s IN eM GN erie St rmey a ote cfe asi cieve Adams st. 
aalineton Cae Boece RAVGl sticks oct a aster aNoe Waldrane boul. ssiies es Washington st. 
MeaawWatking St.y) 14; vc.seMadison ay. 2. ..6¥escurse POPIARVAVG ir cy eVesasee es N. Garland av. 
Se Watkins st. 1 ssc. SMAGISONE AV ae datasets cies LOSE VA. cob pur ceercsee 8S. Garland av. 
N. VSG LNIS: Cage Llc ers ois Poplar avy sy. ee catty ale Vollentine avin a.m eae Watkins av. 

See Watkin St.s0 LO meee s UNION AY. oc snsles o.0a% He CADODY sav aresttic ote vtse -.-Rayner av. 

DW AVELly Di. v.\s vind vsic S. Rembert st. ........06 Caetalia Sie lice sions da Waverly pl. 

S. Weaver pl. Se teeeees E. McLemore ay., s. 2 e. of Mississippi boul. ....Weaver pl. 

BE. Webb alley, E5 ......S. Lauderdale st., w. lst s. of Union av. ........ - Webb alley. 

S. Webster alley, D7 ....Webster av., s. Ist e. of S. Second st. ............ Short Webster st. 


638 CITY ORDINANCES. 
STREET NAMES. 

NEW NAME FROM TO OLD NAME 
Wiebsterraves= dusimmentere caters SeuMaainr astienc tsa cen creepers Ss. Wellington st. ..-...) Webster st. 
N. Wellington st.,-E4 ..Madison av. ...........'.. PLOMINGO Tavs ose N. Wellington st. 
S.2 Wellington: st., 8: 4 .Walker av. cis. 1..de.s si E. McLemore av. .......LaBelle pl. 
S. Wellington st., E9 ..E. Calhoun av. ......... Bo Rierrsav.iiissciah wis ste LaRose st. 
S:- Wellington @st:,0, Ho" .- Madison ave sic -re sire Mississippi boul. ........ Wellington st. 
Ne-Wernet: ple, | Hulse ss HosBend ers plea. suesieiosets Vollentine aveuscmcrcnvre Werner st. 
Ee oWhitiordaplea ensue: Sve Phillips. sol sier en. Obrien hn ore verter rane 
Wilks vaivienn eG eter rae) diet S. .Wellangtonest. te. Mississippi boul. ........ Wicks av. 
S. Walkersomep] Ss oiGreckn babe civic mnie: octets te cedrligiae ts BS Georeia aver cece Wilkerson st. 
Ne Wilettistaed 4m. se ccmcus Poplar) Ave yacuagicrte eetne Galloway rave wenger, hee Lake ay. 
NWillle tts: ie) Dime jars ote COULD Hava erro ote PaPOplat (av. cawets eee Wellford ay. © 
NW IMeG Sts; NON aneretlers Madison av., property. line \) #7) aces. wares N. Ingleside av. 
Se uWallebtsstemeliieien ss Elarbertsavatein aoe ae ee Gentral “av: Sepataceee Fairview av. 
SouWallectysts, dome aac Madison Say Scie Union Cavind sickiusdealere eee S. Ingleside ay. 
SS. Wallet sity Jian ararcters (USsMCrIreN eRe odhon con Har bert: 2avieqishtecke ee omens Harris av. 
Sr UO Wallettists sOn Sakae s So. Railway, beyond city limits ; Sonia bat eee Ragan av. 
SB. WallleuGusts, mel Seemisecs's Central avin Als cctemenies SO. Rail Ways... caniscaw ene Willett av. 
E. Willingham pl., K3 ..N. McLean boul. ........ Overton) Parkr. 5c ase Willingham pl. 
Willoughby st., ES ..... Walker ave gs icles ters BE. McLemore av.°....... Southland ay. 

First alley w. of S. Wellington st. 

Willoughby st., E8 ....: PSL OWA AVA cere isle siele Walker iaive~ son tase com eets Willoughby av. 
Willoughby st., E9 ..... E. MeLemore av. .....¢. LIN SOW malvern eee erena inna Williams pl. 
Wilhamscav.y WS ss.ato S. Wellington st. ......' INep tine *SE.o8. .,eerecsderlets Williams ay. 
IWATSO MA aVic, me LOD pieaperts Wialkersavicwos: cx seta testers HW eMclemore aves acs. Arizona av. 
Wilsonay: ei Stie certs He Heistan pleads cee: So. Railway -4...6.snee Mansfield av. 
Willsonleaa sul Olio Se erercere E. MeLemore av. ....... Park, Driveway, auc sesh Wilson av. 
Winchester av., E3 ..... RLV CTS Serene hiseeee ae Winchester aver s.aer ce Winchester st. 
Winchester av., E3 ..... N. Marsh Miller pl. ..... bitendo Nice Ree steers attics Quinby st. 
E. Winfred alley, G3°....N.° Dunlap “sto. .h 5c... sed AVES, Sti tatiana ene eee Winfred av. 
Wisconsin av., B8 ...... SKansas stim wsieueees RIVET tne : oe Seon eee Division st. 
Wood esti ighi(ernoieeemcny: BE; ‘Carolina. “av. a. cove By Railroad avec. secu: Woods av. 
WiGodk Ste Bit ih ctcceenconee siete HA }Georgia avin es sec oma: Carolina PY AIL ee Wright alley. 
Woodlawnsstseh2n aia nor. JACKSONWAVG ahs scenes Chelsea maven wx uees ee Ewing ay. 
Woodlawn st., F1....... Chelsea ay., beyond city limits ................. State st. 
WoOdTaxyatists.5 Mn ees Jackson save emer Saflarans avalon sees Woodlawn ay. 
Woodward st., H7 ...... AMAL BVii qicderne ke cots So: Rarlways scrupctee Woodward av. 
Wiriehtists iD lactone cee We -Georgiaaye 4 aan bie Be Railroads avemasserrs Wright av. 


pa ek Sn 


CITY ORDINANCES. 


TICKET BROKERS OR SCALPERS. 


NEW NAME FROM TO OLD NAME 
DCO Renee LCT pote teva oss, piciale's Bas WiLL CUSta tap seater ete ettice Se OOOMEL: Sti creahieni ies York av. 
ATTUNED AV cl LDL, ove sveteleis, svi0 So) MebLean” boul? 2.5.3. 16+ Mek COO Del Sb eisetare aielals Young av. 


Sec. 1071. That there shall be published as a builetin of the 
Engineering Department 5,000 copies of this ordinance in pamph- 
let form, accompanied by a suitable map. Said copies shall be 
distributed gratis to all citizens calling for same at the office of 


the City Register. 


Sec. 1072. That- hereafter when the City of Memphis shall 
acquire any street or other thoroughfare by purchase or dedica- 
tion it shall be officially known by the name assigned to it by 
the City Engineer, and when the City Engineer shall assign a 
name to a thoroughfare he shall report such action to the Legis- 
lative Council, giving the name and description of the thorough- 


fare so designated.* 


ARTICLE 58. 
TO PREVENT INDISCRIMINATE SCALPING. 

Sec. 1073. All persons, firms or corporations engaged ia 
the business of railroad ticket brokers or scalpers in the City 
of Memphis shall be required to take out a license for each place 
of business, and shall pay as a tax the sum of $75. This license 
shall be good for the calendar year in which it is issued, subject 
to the conditions hereinafter stated, and shall not be trans- 


ferable. 


Sec. 1074. It shall be unlawful for any person engaged in the 
business of railroad ticket broker or scalper to have any ones 
calling out his business upon any street of the City of Memphis, 
in front of his place of business or elsewhere, or to solicit for 
said agency on the property of any railroad within the limits of 


the City of Memphis. 


1 Sections 1064 to 1072 passed November 30, 1906. 


Privilege tax. 


No drummers. 


640 


' CITY ORDINANCES. 


TICKET BROKERS OR SCALPERS. 


Spurious 
tickets. 


Certificate to 
purchaser. 


Bond. 


Sec. 1075. It shall be unlawful for any broker licensed under 
this ordinance to sell any railroad ticket or contract for trans- 
portation of any: railroad company which shall have been altered, . 


forged or counterfeited. 


Sec. 1076. Persons, firms or corporations conducting said 
business of railroad ticket brokers or scalpers, shall be required 
to give a certificate to every purchaser of a ticket, stating the 


date upon which said ticket was sold, starting point, and the 


destination of ticket, and the amount paid for it, and it shall 


be signed by such broker, or some one in his office representing 


him. 


Sec. 1077. No broker’s license shall be issued to any broker 
or brokers dealing in railroad tickets until the person or persons 
applying therefor shall have filed with the City Secretary, and 
by him approved, a bond with two or more good and sufficient 
securities, in the sum of $3,000, which bond shall be payable to 
the City of Memphis, and be to the effect that the said railway 
ticket broker will refund to the purehager or the purchaser’s 
agent, the money paid to said railway ticket brokér for any 
ticket that shall be rejected or declared not good by the com- 
pany’s agents for a passage on the railway or steamboat for 
which said broker sold such ticket; provided, that all such ticket 
brokers shall. furnish the buyer with a schedule describing the © 


number and kind of ticket signed by the seller’s name. . 


Sec. 1078. Any purchaser or purchasers of tickets who have 
sustained any loss by reason of the sale to him of a rejected 
ticket shall be allowed to sue upon the bond, filed with the Sec- 
retary, in the name of the City of Memphis, for his use and 
benefit, for such loss as he has sustained; provided, said pur- 
chaser or purchasers shall give a bond relieving the city from 


any cost of suit. 


CITY ORDINANCES. 


SMALLPOX REGULATIONS. 


See. 1079. This ordinance shall apply to all parties who have 
already taken out, or may hereafter take out, a license for the 


sa:ie of railway tickets, 


Sec. 1080. Be it further enacted, That every person violating 
any provision of this ordinance shall be deemed guilty of a mis- 
demeanor, and on conviction thereof shall be fined not less than 
$5 nor more than $50, and each day’s failure to comply with any 


section of this ordinance shall constitute a separate offense.' 


ARTICLE 54. 
| SMALLPOX ORDINANCE. 

Sec. 1081. The Board of Health of the city is hereby empowered 
to declare, by resolution, when any houses, blocks or districts 
within the city, or within one mile thereof, are infected with 
smallpox contagion or liable to become so infected, and to set 
forth in such resolution the location of such houses, and the 


boundaries of such blocks or districts. 


Sec. 1082. When such resolution is passed by the Board otf 
Health, it shall be the duty of all persons residing in the houses, 
blocks or districts so designated in said resolutions, who have 
not been successfully vaccinated to cause themselves to be vac- 
cinated at once, and to provide themselves with the certificate 
of a reliable physician that such person has been successfully 
vaccinated, and the date thereof, or that such person has been 
so often and carefully vaccinated as to prove further vaccination 
unnecessary, and said certificate shall be produced when called 
for by any officers of the health or police departments; and all 
parents or guardians of children found within such house, block 
cr district shall cause their children or wards to be vaccinated. 

Any person residing, or found, within any house, block or 


district declared by the Board of Health to be infected, or subject 


1 Sections 1073 to 1080 passed April 8, 1901, 


Violation a 
misdemeanor.. 


Infected 
district. 


Vaccination. 


Violation. 


642 


CITY ORDINANCES. 


PUBLICATION OF ORDINANCES. 


Misdemeanor. 


to infection, and who, at the expiration of five days after the 
passage of said resolution, shall have failed to be vaccinated, shall 
be guilty of a misdemeanor, and fined not less than $2 nor more 
than $50 for each offense. And, furthermore, said person shall 
submit to compulsory vaccination by any health officer or physi- 
cian designated for that purpose by the President of the Board 
of Health, and all children shall be subject to compulsory vac- 
cination. 

Any person who refuses to be vaccinated as herein required, 
or resists compulsory vaccination, shall be guilty of a misde- 
meanor, and shall be fined not less than $2 nor more than $50 


for each offense. 


ARTICLE 55. 


Sec. 10838. Be it ordained by the Legislative Council of the 
City of Memphis, Tennessee, That the publication of a notice of 
the adoption of an ordinance for the improvement of a street 
under Section 4 of Chapter 341 of the Acts of 1907, shall be and 
constitute a sufficient notice of the passage of said ordinance by 


the Legislative Council. 


Sec. 1084. Ordinances passed pursuant to Section 9 of Chapter 
341 of the Acts of 1907, providing for the issuance of certificates 


of indebtedness or bonds, shall be published once. 


Sec. 1085. All other ordinances passed by the Legislative 


Council shail be published twice. 


Sec. 1086. Be it further ordained, That all ordinances in con- 


flict with this ordinance be hereby repealed.’ 


1 Sections 1083 to 1086, inclusive, passed December, 1908. 


CITY ORDINANCES. 


643 


SELL REAL ESTATE FOR TAXES. 


ARTICLE 56. 


AN ORDINANCE To provide for the sale of real estate in the 
City of Memphis for city taxes or assessments levied under 
Chapter 341 of the Acts of 1907, commonly called the front 


foot assessment law. 


Sec. 1087. 


city taxes or front foot assessments have been levied by ordinance, 


All real estate in the City of Memphis upon which 


under Chapter 341 of the Acts of 1907, and are delinquent, and 
a lien exists to secure the same, shall be sold for said city taxes 
or assessments in accordance with the provisions of Sections 50 
to 66, inclusive, of Chapter 602 of the Acts of the General Assem- 
bly of the State of Tennessee for the year 1907, and the pro- 
ceedings with regard to notices, terms, penalties, costs and in 


all other respects shall be those provided for in said sections. 


Sec. 1088. The sales of land for said city taxes or assessments 
shall be made in the year next following the year for which the 


taxes or assessments are levied. 


Sec. 1089. The sales and remedies for the collection of said 
city taxes or assessments herein provided for shall in no way 
affect other remedies for the enforcement of said city taxes 
or assessments, as provided and set forth in said Chapter 341 of 


the Acts of 1907.7 


ARTICLE 57. 


AN ORDINANCE To provide for the sale of real estate in the 
City of Memphis for city taxes. 


Sec. 1090. All real estate in the City of Memphis upon which 
taxes are delinquent and a lien exists to secure the same, shall 


be sold for the said taxes, in accordance with the provisions of 


2 Sections 1087 to 1089, inclusive, passed June 15, 1908. 


Property sold 
for delinquent 
front foot 
assessments. 


Sale—when to 
be made. 


Not to affect 
other 
remedies. 


To sell 
property for 
delinquent 
taxes. 


644 


CITY ORDINANCES. 


NORTH MEMPHIS PUMPING STATION, 


Preamble, 


Sections 50 to 66, inclusive, of Chapter 602, of the Acts of the: 
General Assembly of the State of Tennessee for the year 1907, 
and the proceedings with regard to notices, terms, penalties, costs 
and in all other respects shall be those provided for in said 


sections. 


Sec. 1091. That the sales of land for city taxes shall be made 
in the year next following the year for which the taxes were 


levied.® 


ARTICLE 58. 
PUMPING STATION. 

AN ORDINANCE Increasing the tax levied for the purpose of 
constructing levees, pumping station, etc., in North Memphis, 
being an amendment of an ordinance passed Oct. 1, 1904. 
Whereas, By virtue of authority conferred by Chapter 557 of 

the Acts of the General Assembly of the State of Tennessee, at 


its session of 1903, an ordinance was passed by the Legislative 


Council of the City of Memphis, on October 1, 1904, levying a 


tax of thirty-five (35) cents on each $100 of taxable property in 
the City of Memphis, for the purpose of providing funds with 
which to construct levees and pumping stations in North 
Memphis, protect the city from the overflowing of Bayou Gayoso 
and the Mississippi River; and 

Whereas, The said levy of 35c was to be collected as follower 
to-wit:. 15¢ in 1905, 15c in 1906, and 5c in 19073; and 

Whereas, It is now ascertained that the taxes collected and to 
be collected under said levy of 35c will be insufficient to com- 
plete said levees, etc.; and / 

Whereas, The aforesaid act of 1903 authorized a levy of not 
exceeding 50c for the purposes aforesaid: 

Now, therefore, be it ordained by the Legislative Council of 


the City of Memphis, That there is hereby levied on all taxable 


3 Sections 1690 and 1091 passed June 15, 1908. 


CITY ORDINANCES. 


‘ 


645 


NORTH MEMPHIS PUMPING STATION, 


property within the limits of the City of Memphis to be assessed 
for city purposes for the year 1907, an additional tax of 5c on 
the $100 of said taxable property, said additional tax of 5c to 
be collected in the year 1907, at the same time and in the same 
manner as other city taxes, making a total of 10c on the $100 
to be collected in the year 1907 for the purposes aforesaid, and 


a total of 40c on the $100 for the three years 1905, 1906 and 


1907, levied in pursuance of said act of 1903 for the purposes ot. 


constructing levees, pumping stations, etc., in North Memphis. 

Whereas, The Bank of Commerce and Trust Company has 
from time to time advanced to the City of Memphis sums of 
money aggregating $201,780.13, in anticipation of the collection 
of the taxes levied for the purpose of constructing levees and 
pumping stations in North Memphis; and 

Whereas, In addition to the sums already expended in the con- 
struction of such levees, etc., there will be required to complete 
| such work a further sum of about $25,000; and 

Whereas, The Bank of Commerce and Trust Company has 
offered to advance the sum of $25,000 in addition to the sum 
already advanced in anticipation of the colleetien of the taxes 
levied for the purpose aforesaid, such additional advancement to 
bear interest from its date until paid at the rate of 5 per cent. 
per annum, on condition that all such taxes collected and to be 
collected for the purpose aforesaid be pledged to secure the 
payment both of the additional advancement to be made and also 
all advancements heretofore made by said Bank of Commerce 


and Trust Company, together with interest thereon; 


Sec. 1092. Therefore, be it resolved, That the offer of said Bank 
of Commerce and Trust Company to advance the additional sum 
of $25,000 on the terms aforesaid be and the same is hereby 
accepted; that all taxes, collected and to be collected, now levied 
or hereafter to be levied under the aforesaid Chapter 557 of the 


Acts of the General Assembly of Tennessee of 1903, be and the 


646 


CITY ORDINANCES. 


NORTH MEMPHIS LEVEE. 


Preamble. 


same are hereby pledged to the Bank of Commerce and Trust 
Company to secure the payment, with interest, of all sums 
heretofore by it advanced, and: hereafter by it to be advanced 
to the City of Memphis in anticipation of the collection of the 
aforesaid taxes; that such future advancement by said Bank of 
Commerce and Trust Company be made on orders similar to 
those on which such former advancements have been made ; that 
the funds arising from said taxes be paid to said Bank of Com- 
merce and Trust Company in satisfaction of the indebtedness 
to be incurred hereunder as soon after the collection of such taxes 
as may be practicable, and the City Tax Collector is hereby au- 
thorized and directed to pay the same to said Bank of Commerce 
and Trust Company in accordance herewith; that the indebted- 
ness hereby created shall not constitute a general liability against 
the City of Memphis, but that the same shall be a charge against 
and collectible out of said special taxes levied under the above 
mentioned act of the General Assembly, and no other whatever. 


Passed final reading Thursday, June 7, 1906. 


ARTICLE 59. 
NORTH MEMPHIS LEVEE ORDINANCE. 

Whereas, the General Assembly of the State of Tennessee, at 
its biennial session of 1903, Chapter 556, page 1493, authorized 
the City of Memphis to build and maintain a levee or levees along 
the river front and Bayou Gayoso, and to build and equip pump- 
ing stations, dams, reservoirs, wells and locks for the purpose of 
protecting itself, its streets, property and sewer system, and in 
order to continue the efficiency of said sewer system so that the 
city may be enabled to properly provide for equipping the sew- 
erage and surface drainage of the said city during high water 
into the Mississippi or Wolf River, and to that end so amended 
a bill “to establish Taxing Districts in this State and to provide 
the means of local government of same,’ being Chapter 11 of the 


Acts of 1879, and “authorized and empowered the said city, when 


CITY ORDINANCES. 


647 


NORTH MEMPHIS LEVEE. 


it shall deem it necessary for all said purposes, to take private 
property and condemn the same for said purposes according to 
the manner now provided by law, an ordinance for the condemna- 
tion of property for public use; and 
Whereas, it is now deemed necessary and highly important that 
the work contemplated by said act be commenced at once; and 
Whereas, in furtherance of said purpose, it is necessary to levy 


a tax by ordinance: 


Sec. 1093. Be it therefore ordained by the Legislative Council 
of the City of Memphis, That there is hereby levied on all 
taxable property, real and personal, including merchants’ capital 
and all others who are assessed for taxes ad valorem, and capital 
invested in bank stock, and all other stock subject to taxation 
within the limits of such Taxing District or City of Memphis: a 
tax of 35 cents on the $100 of such taxable property, of which 
said 35 cents 15 cents on the $100 shall be paid at the same time 
as other city taxes are collected and paid in the year 1905, and 
15 cents on the $100 shall be paid and collected at the same 
time as other municipal taxes in the year 1906, and 5 cents on 
the $100 shall be paid and collected at the same time as other 


municipal taxes in the year 1907. 


Sec. 1094. Be it further ordained, That the said installments 
of city taxes hereby provided for shall be collected at the same 
time and in the same manner and by the same officers as the 
other taxes imposed by or for such city or Taxing District, with 
like liens and remedies for the collection and non-payment thereof, 
upon the same assessment and valuation as may exist for taxes 
for other municipal purposes, and that the proceeds of this tax 
levy shall be expended solely for the purposes set forth in said 
act, being Chapter 556 of the Acts of 1903, and for no other 


purpose. 


648 


CITY ORDINANCES. 


CANCELLATION OF OLD CITY TAXES. 


Suits to be 
. dismissed. 


Sec. 1095. Be it further ordained, That the Board of Fire and 
Police Commissioners of the City of Memphis are hereby fully 
authorized and empowered to anticipate any or all of the tax 
levy hereby created, and borrow money upon the faith of such 
tax levy, and power is hereby vested in such Commissioners to 
make such contracts and agreements for the anticipation of said 
taxes and repayment thereof, together with interest at a rate 
not exceding 5 per cent. per annum, fad the Legislative Council 
of the City of Memphis now pledges and hypothecates all of the 
proceeds of said tax levy for the repayment of any and all sums 
that may be borrowed as above provided, together with interest 
thereon, and the Tax Receiver of the City of Memphis is hereby 
directed to devote all collections of said tax levy first to the 


repayment of any and all sums so borrowed, together with — 


interest thereon, and the Board of Fire and Police Commissioners 


are fully authorized and empowered to make all contracts and 
agreements with respect to the anticipation of said taxes and 
the repayment of any moneys borrowed, the same. to be paid by 
the Tax Receiver upon the warrant of the said Commissioners as 
other city funds, with interest thereon, that may be deemed 
necessary and expedient by said Commissioners. 


Passed final reading Saturday, October 1, 1904. 


ARTICLE 60. 
CANCELLATION OF OLD CITY TAXES. 

Whereas, The Legislature has authorized the City of Memphis 
to cancel certain delinquent taxes due the old City of Memphis . 
prior to its abolition on January 29, 1879; and, 

Whereas, Substantially all of the taxes legally due said extinct 
municipality have been paid and the larger part of the taxes 
standing upon the books as delinquent is uncollectible on account 
of errors, insolvencies and double assessments, and the main- 
tenance of said delinquent taxes upon the city’s tax books is a 


source of great trouble and expense to the citizens. 


CITY ORDINANCES. 


649 


CITY LABORERS, HOURS AND WAGES. 


Sec. 1096. Therefore, Be it ordained by the Legislative Council 
of the City of Memphis, That all taxes now standing upon the 
tax books for years prior to 1879, as due the old City of Memphis, 
the charter of which was repealed on January 29, 1879, be and the 
same are hereby relinquished and canceled, and all suits or pro- 
ceedings brought or pending for their collection are now ordered 
to be dismissed, on condition that defendants in those bills pay 


the costs accrued against them, respectively.* 


ARTICLE 61. 
HOURS AND PAY OF LABORERS IN EMPLOY OF CITY. 
Sec. 1097. Eight hours shall constitute a legal day’s work for 
all laborers and mechanics employed by the city on any municipal 


work. 


Sec. 1098. This ordinance shall apply to all labor employed 
by contractors, who may be doing work for the city under 


contract. 


Sec. 1099. Common laborers shall be paid at the rate of one 
dollar and fifty cents ($1.50)* per day of eight hours on all 
municipal work, whether done by the city directly or by other 
parties under contract with the city. And where mechanical 
work is done, either directly for the city, or by other parties 
under contract with the city, the standard rate of wages of 
the trades so employed shall be guided, and no less rate shall 
be paid. And all employes, whether working directly for the 
city, or for contractors doing work for the city, shall be residents 
of Memphis, unless it shall be found impossible or impracticable 


to obtain such labor in the city. 


1 Section 1096. The words following the word ‘‘dismissed,’’ amendment of 
October 21, 1901. Balance of section passed July 30, 1901. 


2 By resolution passed April 4, 1907 (Minute Book ‘‘A,’’ Board of Public Works) 
wages of “Street Cleaning Gang’’ raised to $2 per day; also wages of ‘‘Street 
Construction Gang,’’ on petition for increase, left to the discretion of the City 
Engineer. See Minute Book ‘‘A,’’ Board of Public Works, page 483. 


Legal work 
day. 


Wages. 


650 


CITY ORDINANCES. 


STREET COMMISSIONER. 


Overtime. 


Bids on 


public work. 


Misdemeanor. 


Term of 
office. 


Sec. 1100. Nothing in this ordinance shall be construed as 
prohibiting (on occasions of necessity) the working of laborers 
or mechanics for more than eight hours per day; but in every 
such instance they shall receive extra pay during daylight at 
the same rate per hour as may be paid for a regular day’s 
work, and for all night and Sunday work they shall be paid 
one and one-half (114%) times the regular rates, or 50 per cent. 


advance. 


Sec. 1101. This ordinance shall not apply to the Police, Fire, 
Sanitary, Hospital, Market House, Board of Health and Gar- 
bage Departments, or the Street Sweeping force, or to any em- 


ploye of the city who may be employed by the month. 


Sec. 1102. All advertisements for bids on public work shall 
contain a notice that all bids must be made and all work must 


be done under the conditions and provisions of this ordinance. 


Sec. 1103. Any successful bidder for public work violating 
the provisions of this ordinance shall be guilty of a misdemeanor 
for each and every offense, and shall be fined not less than $5 
nor more than $50 and the employment of each laborer each day 
in violation of this ordinance shall constitute a separate offense. 
The contractor’s bond shall also contain a provision binding him 


to the observance of this ordinance.* 


ARTICLE 62. 
. STREET COMMISSIONER. 

Sec. 1104. Be it ordained, That under and in pursuance of 
the act of January 28, 1899, being Chapter No. 66, the term ot 
office of the Street Commissioner of the City of Memphis shall 
be two years, the first term commencing January 1, 1900, and 
expiring December 31st, 1902. The Street Commissioner shall 


hold office until his successor is elected and qualified. 


1 Sections 1097 to 1103 passed July 30, 1901. 


CITY ORDINANCES. 


651 


STREET COMMISSIONER. 


Sec. 1105. Hereafter the Street Commissioner shall be an officer Powers and 


of the Engineering Department, and such Commissioner shall 
be under the general direction of the City Engineer. His powers 


and duties as such Street Commissioner shall be as follows: 


First. He shall have the direction of the sweeping and clean- 
ing of the streets, and he shall have charge of the street sweeping 


machines, and all the facilities used for cleaning streets. 


Second. He shall have charge of all dirt streets, and it 
shall be his duty to round up, repair and maintain dirt streets 
in proper condition. 

Third. It shall be his duty to clean and keep open all gutters 
of all streets of the city, and to clean and keep open all culverts 


and boxes under streets or alleys. 


Fourth. The Street Commissioner shall have charge and 
control of the repairing of all gravel streets. 

Fifth. It shall be the duty of the Street Commissioner to 
inspect the feed purchased for the stables, and he shall have fuil 
charge and control of the city stables. 

Sixth. The Street Commissioner shall have charge of open- 
ing and grading of new streets, unless the work shall be done 
otherwise under order of the Mayor. 

Seventh. It shall be the duty of the Street Commissiouer to 
inspect all railroad crossings, and see that the railroads of ‘the 
city comply with the ordinances of the city and all contracts 
between the city and such railroads with respect to street cross- 
ings, and in case such crossings are not maintained as provided 
by ordinance or contract, the Street Commissioner shall have 
the power to order the railroad company so in default to do the 
necessary work, and he is hereby vested with the power to 
enforce such order by instituting proper legal proceedings through 
the City Attorney. 

Highth. It shall be the duty of the Street Commissioner to 
make a monthly report to the City Council, setting forth the 


uties. 


Monthly 
reports. 


652 


CITY ORDINANCES. 


STREET SPRINKLING. 


Bonds. 


Salary. 


Sprinkle 
tracks. 


Penalty. 


work done by him during the past month, and making such 


recommendations for future work as he may deem proper. 


Sec. 1106. Before entering upon his duties the Street Com- 
missioner shall give bond, payable to the City of Memphis, 
conditioned upon the faithful discharge of his duties, said bond 


to be in the penalty of $2,500. 


Sec. 1107. During the term of office expiring December 31st, 
1902, the Street Commissioner shall receive as compensation 


$2,000 per year, same to be paid in monthly installments.* 


ARTICLE 63. 
STREET SPRINKLING BY STREET CARS AND OTHER VEHICLES. 

Sec. 1108. The owners of all street cars and other vehicles 
which move continuously over the streets of the city, and where 
the tracks, running gear or bodies of said cars or vehicles are 
within eighteen inches of the surface of the street, shall cause 
the tracks and portions of the streets used or passed over by 
said cars or vehicles and a space of two feet on each side of the 
tracks, or portions of the street passed over by such cars or 
vehicles, to be kept at all times clear and free of dust by 
sprinkling the same with water, and such sprinking shall be 
done as often and at such times as may be necessary to accom- 


plish the purpose aforesaid. 


Sec. 1109. Any person, firm or corporation who shall fail to 
comply with this ordinance after the 15th day of April, 1900, 
shall be guilty of a misdemeanor, and shall be fined not less 
than $5 nor more than $50 for each offense, and each day’s 
failure to comply with the requirements of this ordinance shall 


constitute a separate offense. 


1 The salary of the Street Commissioner is fixed by resolution every two years 
prior to his election. 


CITY ORDINANCES. 


653 


PARK COMMISSION 


ARTICLE 64. 
PARK COMMISSION. 

Sec. 1110. By virtue of the authority conferred by the act 
of March 31, 1899, Chapter 142, there is hereby established a 
Park Commission, which shall consist of three members, who 
shall be elected by the Legislative Council. At the first election 
one of said Commissioners shall be elected for two years, one 
for four years and one for six years. At the expiration of their 
respective terms of office their successors shall be elected for a 


term of six years. 


Sec. 1111. No member of the Legislative Council, and no per- 
son officially connected with the city government, shall be eligible 
as a member of the Commission, and all the members thereof 
shall have resided within the present limits of the city for five 


years preceding their election. 


Sec. 1112. The members of said Commission shall be selected 
for their integrity, their public spirit and their business ability; 


they shall serve without compensation of any character. 


Sec. 1113. Before entering upon their duties each of said Com- 
missioners shall give a bond payable to the city in the penalty 
of $5,000, conditioned for the faithful discharge of their duties; 
and they shall take an oath before the Mayor to faithfully per- 
form the duties of their office, and that they will not become 
interested, directly or indirectly, in any contract or purchase 
made in or about the acquirement, improvement or maintenance 


of the public parks of the city. 


Sec. 1114. At the first meeting of said Park Commissioners, 
the members thereof shall elect one of their number to be the 


Chairman of the Commission. 


The term of office of such Chairman shall be for two years, 


or until his successor is elected. 


Election. 


Qualification 
of members. 


Bond. 


Chairman, 


654 


CITY ORDINANCES. 


PARK COMMISSION. 


Meetings. 


Secretary. 


Park lands. 


Park bonds. 


Sec. 1115. The Park Commission shall hold one regular meet- 
ing each month; said monthly meeting to be held in the City 
Hall at 2 o’clock cn the afternoon of the Tuesday after the 
first Monday’ of each month. Special meetings may be called 
by the Chairman at any time upon due notice to the other 
members. 

The Mayor shall provide a suitable room for the meeting of the 
Commission. At such meetings the Chairman shall preside and 


preserve order. 


Sec. 1116. The Park Commission shall elect the Secretary. of 
the Park Commission for such term as said Commission may fix, 
or at the will and pleasure of the Commission, and his salary 
shall be fixed by said Commission. He shall be present at all 
meetings of its members and shall keep a full record of the 
proceedings in a well-bound book, and shall perform such duties 


as the Commission may direct. 


Sec. 1117. It shall be the duty of said Park Commission to 
acquire, in the name of the city, such suitable tracts of land as 
are best adapted for public parks, where the people may go for 
recreation and pleasure; said land may be acquired by negotia- 


tion or condemnation. 


Sec. 1118. The necessary ordinance providing for the issuance 
of bonds shall be enacted by the Legislative Council. The Council 
shall make the necessary appropriation to pay the interest on 
said bonds annually, and also a sum sufficient to maintain and 
improve the same; and the Commission shall report to the 
Council every six months an estimate of the amount needed 


for interest, improvement and maintenance. 


See. 1119. No land. shall be bought or contracted for with- 


out the consent of the Legislative Council. The Commission 


1 Amendment passed July 8, 1909. 


CITY ORDINANCES. 655 
PARK COMMISSION—FORREST PARK. 


shall carry out the necessary financial arrangements for the 
purchase and improvement of park lands. If they determine to 
issue park bonds, under the act of the Legislature aforesaid, 
they may, with the sanction of the Legislative Council, advertise 
said bonds and sell same to the highest bidder. 

Sec. 1120. Said Park Commission shall have full and complete Parks 
control of the tracts of land acquired by them for park purposes, renal) 
and they shall also have control of the following public parks: 
Bickford Park, Gaston Park, Forrest Park, Confederate Park, 

Market Square, Winchester Park, and the square between Monroe 


street and Howard’s Row, on the river front. 


Sec. 1121. It shall be their duty to improve and beautify these ahs 
parks as rapidly as the resources at their command will permit. 
They shall have power to employ a consulting landscape engineer 
to aid them in the selection, laying out and improvement of 
parks, and after the plans for the laying out and improvement ot 
said parks have been matured, the City Engineer shall, under 
the direction of the Park Commission, furnish the necessary labor 
and material, and superintend the carrying out of the orders of 
the Commission. But the labor and material furnished by the 


Engineering Department: in any one year shall not exceed the 


appropriation for park purposes made for that year. 


Sec. 1122. The Park Commission shall have the power to 
employ park keepers, but they shall give the preference to 
former employes of the city, who have been honorably discharged 


on account of age or other physical infirmity. 


ARTICLE 65. 
BEDFORD FORREST PARK. 
Sec. 1123. Whereas, By the third section of the act passed 
February 6, 1895, the Legislative Council was given the power 


to convert the grounds formerly occupied by the City Hospital 


656 


PARK COMMISSION—GASTON PARK. 


Boundaries. 


Improvement 
fund. 


Statue. 


Gift accepted. 


Name. 


into a public park, or devote the same to any other municipal 
purpose the Council might see fit; and, 

Whereas, All the buildings have now been removed from said 
grounds; Therefore, be it ordained by the Legislative Council 
of the City of Memphis, That the grounds bounded on the north 
by Madison street, on the east by Dunlap street, on the south by 
Union avenue, and on the west by Manassas street, and formerly 
known as the Memphis Hospital Grounds, are hereby constituted 
and established a public park of the City of Memphis, to be 
known as “Bedford Forrest Park” in honor of our distinguished 


hero, Gen. N. B. Forrest. 


Sec. 1124. The Board of Fire and Police Commissioners are 
hereby authorized to expend out of any funds available, and not 
heretofore appropriated, a sum not exceeding $10,000 in the 


improvement and beautifying of said “Bedford Forrest Park.” 


Sec. 1125. The historical societies and the citizens of Memphis 
generally are invited to erect in said park a statue of Gen. Bed- 


ford Forrest. 


ARTICLE 66. 
GASTON PARK. 

Sec. 1126. The tract of land given and granted to the City of 
Memphis by Mr. John Gaston, by deed dated February 8, 1900, 
and recorded in Book 280, page 109, is hereby accepted by the 
city, and the city obligates itself to the fulfillment of the con- 
ditions imposed upon it in said deed, and the execution of said 
deed by the Mayor in the name of the city is hereby ratified and 


confirmed. 


Said tract of land is hereby constituted a public park of the 
City of Memphis, and the same is now named and shall be 


henceforth known as Gaston Park. 


CITY ORDINANCES. 


657 


PARK COMMISSION—PARKWAYS 


Sec. 1127. The Board of Fire and Police Commissioners, and Improvement. 


any park commission hereafter established, shall, as soon as 
practicable, commence the improvements of said tract of land, 
and take such steps as are practicable to render said land suit- 


able for a public park. 


ARTICLE 67. 
PARKWAYS. 

Sec. 1128. That the Park Commission be and is hereby author- 
ized to obtain, establish and construct a system of parkways or 
boulevards in and around the City of Memphis, and said Com- 
mission to have full and complete control over said parkways and 


boulevards. 


Sec. 1129. Said Commission shall have the power to purchase, 
by private negotiation, or acquire by condemnation, the neces- 
sary lands and property for the establishment and construction 
of said parkways and boulevards, and is hereby authorized to 
institute and prosecute, in the name of the city, such condemna- 


tion suits as may be necessary. 


Sec. 1130. Said Park Commission shall have the same author- 
ity and control of said parkways and boulevards as has hereto- 


fore been given them over the several parks of the city.’ 


ARTICLE 68. 
(Passed March 4, 1909.) 
AN ORDINANCE To regulate and control the use of parks and 
parkways in the City of Memphis and to declare certain acts 


therein to be misdemeanors. 


Sec. 1131. Be it ordained by the Legislative Council of the 
City of Memphis, That it shall be a misdemeanor for any person 


or persons to commit the following acts, to-wit: 


1 Sections 1128 to 1130, inclusive, passed November 5, 1903. 


Park 
Commission 
to establish 
parkways. 


Condemnation 
of right-of- 
way. 


Control of 
parkways. 


658 


CITY ORDINANCES. 


RULES FOR PARKS AND PARKWAYS. 


To injure 
trees, plants, 
etc. 


Paper and 
refuse. 


Peddling in 
parks. 


Post bills, 
erect plat- 
forms, etc. 


Insulting 
language, etc. 


Vehicle for 
hire, etc. 


Stock in 
parks. 


Pond or lakes. 


Miscellaneous. 


1. To cut, break or in any way injure or deface any tree, 
plants or grass; pick any flowers, leaves, nuts, wild or cultivated, 


or carry flowers through the parks. 


2. To throw or leave any paper, refuse or rubbish on any of 


the lawns or walks. 


3. To expose any article for sale or exhibition, unless pre- 


viously licensed by the department of parks therefor. 


4. To post any bill, placard, notice or other paper upon any 


structure. To erect any structure, stand or platform, or hold 
any meetings without previous permission therefor from the 


Commissioners. 


5. or 


To use threatening, abusive or insulting language, 
commit any obscene or indecent act thereon, or any act tending 


to a breach of the public peace. 


6. To stand any coach, carriage, wagon, cart or other vehicle 
for hire without previous license, and then only at such place as 


shall be indicated and allowed by the Commissioners. 


se 


that dogs may be allowed therein when led by a chain or proper — 


To allow to go at large any horse or other animal, except 


dog-string not exceding six feet in length. 


8. To bathe or fish in any of the waters or fountains, or cast 
any substance therein, or disturb or interfere in any way with 
the fish, birds or animals within such public parks, parkways, 


squares or places. 


9. To throw stones or other missiles, or beg or publicly 
solicit subscriptions or contributions, or tell fortunes, or play 
games of chance, or make any harangue, or climb upon any wall, 


fence, shelter, seat, statue or. other erection. 


CITY ORDINANCES. 659 


RULES FOR PARKS AND PARKWAYS. 


10. To drive any automobile, horseless or other vehicle upon Speed limit. 
or over the drives at a greater rate of speed than eight miles an 


hour. 


1l. To stop any automobile or other vehicle near any of the Automobiles. 
music stands or other places, in or about any of the parks, park- 
ways, plazas, concourses, circles or squares, where any number 
of persons are accustomed to congregate, or where such vehicles 
would be a source of danger to life and limb, except at such places 


as are designated by the Commissioners. 


12. To carry garbage, ashes, manure, coal, stone and other Garbage carts. 
material over any of the parkways or through such parks, circles, 
squares or concourses, except when such is to be removed from 
or delivered to residences fronting on any of the above park- 
ways, etc., the vehicle collecting or delivering such material 


must leave the parkway as soon as such work is accomplished. 


13. To fire or carry any firearms, firecrackers, torpedo or Mak chia: etc, 
ubdll 


fireworks, or make a fire, or make any oration, or conduct any 22therings. 


religious or other meeting or ceremony within any of the parks, 
parkways, squares or places without special permission from the 


Commissioners. 


14. To enter or leave the parks except at the established eee to 
arkKs, etc. 
entranceways; or enter or remain therein after 12 o’clock. at 
night, except as, on special occasions, use thereof may be author- 


ized beyond the regular hours. 


15. To use the drives except by persons in pleasure vehicles, Prives- 
. : rate of speed. 
on bicycles or on horseback; the bridle paths only by persons on 
horseback. Animals to be used on either shall be well broken, 
and constantly held in such control that they may be easily and 
quickly turned or stopped; they shall not be allowed to move 
at a rate of speed on the drives or bridle paths of more than 


eight miles an hour; and when it shall be deemed necessary to 


660 


CITY ORDINANCES. 


RULES FOR PARKS AND PARKWAYS. 


- Rules—use of 
parks and 
parkways. 


Vehicles to 
carry lamp. 


Vehicle 
passing others. 


Going slow. 


Stopping 


Side of drives. 


Cyclists. 


safety, good order, or the general convenience that the speed of 
an animal or vehicle should be checked, or that it should be 
stopped, or its course altered, and the officer on duty shall so 


direct, by gesture or otherwise, such direction shall be obeyed; 


and no horse or other beast of burden or automobile shall be — 


driven or suffered to stand anywhere except on the drive. 


Sec. 1132. The following rules shall obtain in the use of the 
parks and parkways in the City of Memphis, or belonging to the 


City of Memphis, by persons on horseback or in vehicles: : 


1. All vehicles must carry a lighted lamp, showing a white 
light ahead, from thirty minutes after sunset until thirty minutes 


before sunrise. 


2. All vehicles and horsemen when passing another vehicle 
or horseman going in the same direction, must keep to the left 
and leave the vehicle or horseman they are passing on the right 


hand. 


3. All vehicles or horsemen going at a walk or slow trot must 
keep near the curbstone or gutter on the right-hand side of 
the road; those going more rapidly must keep nearer the middle 


of the road. 


4. No vehicle shall stop for any purpose without drawing up 
to the curbstone or gutter, and always on the right-hand side of 


the road. 


5. On all drives and parkways where grass plots divide the 
drive, all vehicles and horsemen must keep on the right-hand side 


drive or bridle path. 


6. Cyclists must not coast in the parks, nor on the parkways, 
or bicycle paths, and must keep their feet on the pedals and 
their hands on the handle bars; must not mount nor dismount, 


except on the extreme right of the roads or bicycle paths. 


CITY ORDINANCES. 


661 


RULES FOR PARKS AND PARKWAYS. 


fol 


7. Riding more than two abreast is prohibted. 


8. Instruction in operating automobiles, bicycles, tricycles, 
yelocipedes or other such vehicles of propulsion, and all trick 
or fancy riding on the same, is prohibited in the parks and park- 


ways at all times. 


Sec. 1138. It shall be unlawful for any person, persons, firm 
or corporation to erect or have erected any telephone, telegraph, 
electric or other poles and wires in any of the parks or park- 
ways in the City of Memphis, except with a written permit from 
the Park Commission, given at a regular meeting, which permit 
shall only be given to continue during the will and pleasure of 


the said Park Commission, or its successors. 


See. 1134. That any person, persons, firm or corporation 
erecting or causing to be erected any poles or wires contrary to 
the provisions of Section 1133 of this ordinance, shall be guilty of 
a misdemeanor, and, upon conviction, shall be fined not less than 


$1 nor more than $50. 


See. 1135. The following rules shall obtain in the use of the 


Speedway between Evergreen and Trezevant avenues: 


1. The use of the Speedway is restricted to light vehicles of 
the classes known as buggies, runabouts, surreys and other like 
vehicles adapted to the speeding of light harness horses, seating 
not more than four persons and drawn by one or two horses, 


except by permission of the Commissioners. 


2. Speeding on Sundays and holidays, and after 3 o’clock p.m. 
on other days, will be permitted in one direction—from west to 
east only. Turning is forbidden except at the ends of the 


Speedway. 


3. When not speeding, drivers must keep closely to the right- 


hand side of the road and keep moving. 


Automobiles, 
etc: 


Telephone 
poles, ete. 


Speedway— 
use of 
restricted. 


Speeding. 


662 


CITY ORDINANCES. 


SUBDIVISIONS. 


Loud shouting. 


Hobbles 
forbidden. 


Submit plan 
ot subdivisions 
to Council. 


4. Loud shouting to make horses break or to urge them on is 


strictly forbidden. 


5. The use of hobbles, or similar other device or apparatus, 
to fetter or connect the legs of horses, for the purpose of re- 


stricting or hampering their motion or gait, is forbidden. 


Sec. 1136. Be it further ordained, That any person or persons 
failing or refusing to observe the rules and regulations set out 
in Sections 1131 to 1136, inclusive, of this ordinance shall be 
guilty of a misdemeanor and upon conviction shall be fined not 


less than $1 nor more than $50.* 


ARTICLE 69. 
SUBDIVISION ORDINANCE. 

Sec. 1137. Hereafter when the owner of any land situated 
within the limits of the city shall determine to subdivide the 
same into lots and dedicate streets and alleys to the public use, 
it shall be the duty of such owner to submit a full and complete 
plan and map of such subdivision to the Legislative Council for 
its approval. If the Legislative Council shall approve such 
plan, the same shall be put of record and the Council may by 
resolution accept the dedication of such streets and alleys, and 
establish the same as public highways. If the Council disap- 
proves the plan of such subdivision, the owner shall be notified 
thereof, and he shall be advised of the changes which the Council 
Girects to be made. If the owner refuses to make such changes 
and records in the plat as prepared by him, the Council may by 
ordinance or resolution close up the streets and alleys as laid 
out by such owner; and if it is desirable to open streets and 
alleys through such land, the Council may order the City Attorney 
to institute condemnation proceedings for the opening of streets 


and alleys in accordance with the plan chosen by the Council. 


1 Sections 1181 to 1186, inclusive, passed March 4, 1909. 


CITY ORDINANCES. 663 


SUBDIVISIONS. 


Sec. 1138. No sale of any lot shall be made in any subdivision ne let 
ots until 


of real estate, and no one shall build upon a lot in any such pears 
subdivision until the plan of said subdivision showing streets, 
alleys, shape and size of lots, shall have been submitted to and 
approved by the Legislative Council of the city. And any at- 
tempt to sell or build upon lots in tracts of land without sub- 
division or without laying off and dedicating streets and alleys, 
by which it is sought to evade the effect of this ordinance, is also 


prohibited.’ 


Sec. 1139. Likewise, when any person desires to open or dedi- ae and 
eate to the public any street or alley within the limits of the 
city, a map of the same shall be submitted to the Council for 
its acceptance or rejection, and the same course shall be taken 
with respect thereto as in the case of subdivision, and in the 


manner provided in the last section. 


Sec. 1140. It shall be the duty of the Park Commission, as Park Com- 
mission to 


report on 


soon as practicable after its organization, to examine and study miecets 


the general location and direction of the streets and highways 
of the city as they are now laid out, and especially the streets 
and alleys within the subdivisions situated in the annexed terri- 
tory; and said Commission shall, in a written report to the 
Legislative Council, suggest what changes, if any, should be made 
in the location conducive to the beauty of appearance and con- 
venience to the public and economy of maintenance. Upon such 
recommendations being laid before the Council, such steps may 
be taken as will put said recommendation in force so far as 


same may be practicable. 


Sec. 1141. Whenever any plats of contemplated subdivisions Plats 
referred to 


or streets are submitted to the Council for its approval, as Park | 
Commission. 


required by Sections 1137 to 1140, inclusive, the Council may 


1 Section 1188 passed January 28, 1903. 


664 


CITY ORDINANCES. 


SUBDIVISIONS. 


Monuments. 


refer the same to the Park Commission for examination, and 
the Commission shall report to the Council their reeommendation 


with respect thereto. 


Sec. 1142. Be it further ordained, That the owner of every 
subdivision hereafter laid out shall erect at least two suitable 
permanent monuments of stone on each street of said sub- 
division, from which the survey of said street is made, and a 
copy of the survey and the surveyor’s field notes shall be filed 


with the City Secretary.’ 


City Engineer A. T. Bell submitted a set of proposed rules 
governing subdivision practice in the City of Memphis and same 
was unanimously adopted by the Council. (See Minute Book F, 


page 21, Legislative Council, date April 10, 1902), viz.: 
A SET OF PROPOSED RULES GOVERNING SUBDIVISION PRACTICE. 


Be it resolved by the Legislative Council, That the following 
rules shall govern the submission of petitions for the approval 
of the Legislative Council in the matter of the subdivision of 


property for sale in city lots within the city limits: 


1. The petition shall give an accurate description of the prop- 


_erty which it is proposed to subdivide. 


2. The petition shall declare the purpose of the petitioner to 
place on public record within 60 days the plan of subdivision as 


approved by the Legislative Council. 


9 


3. The petition shall be signed by the owner, or his authorized 
agent, and shall be in the hands of the City Secretary before 12 


m. of the day on which its approval is desired. 


2 Section 1142 passed March 30, 1909. (See Minute Book “‘E,’’ page 359.) 


CITY ORDINANCES. 


665 


ave iT) preparing the plan the following regulations shall be 
observed: 

(No street less than fifty feet wide),’ nor an alley less than 
twelve feet, will be acceptable; no lot of less. than 
thirty feet in width, nor of less than 3,600 square feet in area 
will be acceptable; all lots less than 60 feet wide shall have a 
public alley provided in their rear. In general, all public streets 
which would pass through the property if extended shall be 
provided for in the plan, excepting cases where blocks less than 
200 feet in their lesser dimension would be created; the lots 
shall be numbered consecutively throughout the subdivision, or 
they shall be numbered consecutively in each block, in which 
case the blocks shall be designated consecutively by letters, or 


Roman numerals. 


The City Engineer will act in an advisory capacity in pre- 
paring the plan, if desired, and will give the lines of the streets 
and alleys as prescribed in his duties on the request of the real 
estate owner. 


5. The petition shall embrace a map or plat to be prepared 
as follows: 


It shall give all dimensions of the property described in the 
petition, and all the boundaries of the same shall be plainly 
designated; the names of owners of all property bounding the 
property subdivided; the length and the widths of all the streets 
and alleys shall be given; all angles, other than right angles, 
shall have their magnitude recorded on the plat; all linear dimen- 
sions of every lot shall be plainly indicated; the plat shall be 
drawn on rectangular sheets of traeing cloth, eighteen inches 
by twenty-four inches to a scale of not more than 150 feet to the 
inch, enough sheets being used to contain the plat; a device not 


less than eight inches from north to south shall be given, show- 
ing the cardinal points of the compass; a scale not less than four 
inches long corresponding to the scale of the plat shall be given; 


1 In parenthesis, adopted May 8, 1902. 


SUBDIVISIONS. 


666 


CITY ORDINANCES. 


SUBDIVISIONS. 


the plat shall be signed by the proprietor of the subdivision, the 
City Engineer and by the surveyor who laid out the subdivision, 
who shall also make affidavit thereon as to the correctness of the 
survey and the plat, stating that the lines given by the City 


Engineer were recognized and followed throughout. 


In dealing with proposed plans of subdivision it early became 
apparent that some fixed plan or guide was necessary in the 
work of laying down streets which were to be held. To meet 
this want a study has been made of the territory east of Raleigh, 
Claybrook and Atkinson avenues to the eastern city limits, 
and from the city limits on the south to Summer avenue on the 


north. 


A plan for street extensions for a part of this territory was sub- 
mitted to your honorable body on November 7, 1901, and for 


another portion on February 25, 1902. 


Both plans were adopted, and a notice of the action on the last 
brought many interested property owners to the office of the 


City Engineer to examine the plans. 


Plans are submitted with this report for the remainder of the 
territory described above. A title has been placed on each, which 
it is believed will more clearly express the purpose for which 


they were prepared. 


In preparing the plans no attempt has been made to locate the 
proposed streets along land lines, but existing streets have been 
produced where it was thought desirable, and where no streets 
exist an attempt has been made to divide the space into blocks 
desirable in shape and size from the standpoint of a systematically 
laid off city. 

(Signed) A. T. BHLL, 
City Engineer. 


CITY ORDINANCES. 


op) 
op) 
“I 


} 


SUBDIVISIONS. 


RESOLUTION. 
(Subdivision Streets. ) 

Whereas, The Legislative Council of the City of Memphis has, 
by ordinance duly passed and appearing upon page 470 of the 
digest of the ordinances, provided that all proposed subdivisions 
of lands situated within the limits of the city shall receive the 
approval of the Legislative Council, and that the dedication of all 
streets and alleys through such. proposed subdivisions shall be 
accepted by the city by resolution of the Council, and that if 
the plan and map of such proposed subdivision required to be 
submitted to the Legislative Council shall not receive the ap- 
proval of said Council the proposed streets and alleys of such 
subdivision shall not be accepted by it, and that if it becomes 
desirable to open streets and alleys through the land whose pro- 
posed subdivision is not approved by the Legislative Council the 
said Council may institute condemnation proceedings for the 


opening of such streets and alleys; and, 


Whereas, By the terms of this ordinance the approval of the 
Legislative Council is a condition precedent necessary to the 
acceptance of the dedication of all streets and alleys through pro- 


posed subdivisions; and, 


Whereas, The proper sanitation of the City of Memphis requires 
the observance of said subdivision ordinance, inasmuch as houses 
built remote from the streets and alleys of the city are inaccessi- 


ble to the sewer and waterworks system of the city; and, 


Whereas, It has come to the attention of the Legislative Council 
of the City of Memphis that certain subdivisions of lands within 
the limits of the said city have been filed of record in the 
Register’s office of Shelby County without first having received 
the approval of the Legislative Council, and the streets and alleys 
provided for in some of said plans of subdivision are not consist- 


ent with the general system of streets and alleys of the city; and, 


Whereas, Certain of said proposed streets and alleys have not 


668 


CITY ORDINANCES. 


STREET NUMBERING. 


Numbers. 


How fixed. 


North and 
south streets. 


been by the city recognized or accepted, in any manner as streets 


and alleys; therefore, be it 


resolved by the Legislative Council of the City of Memphis, 
That the proposed dedications of such streets and alleys in such 
plans of subdivisions not heretofore recognized or accepted in 
any manner by the city as streets and alleys, and not consistent 
with the general plan and system of the streets and alleys of 
the city, are now declared not accepted by the City of Memphis, 
and that the same are not streets and alleys. Be it further 

Resolved, That the City Attorney is hereby directed to institute 
proceedings at law, by injunction or otherwise, to prevent in the 


future any effort on the part of any one to have filed of record 


‘in the Register’s office of Shelby County, Tennessee, any plan 


of subdivision of land in the City of Memphis that has not re- 
ceived the approval of the Legislative Council as provided in said 


subdivision ordinance. 


Adopted by the Legislative Council of the City of Memphis, 
September 10, 1908. (Minute Book ‘“F’’, page 249.) 


ARTICLE 70. 
STREET NUMBERING. 
Sec. 1148. All houses, buildings or lots fronting upon any 
street within the limits of the city shall bear, and be known by, 


é certain street number, to be fixed by the City Engineer. 


Said street number shall be ascertained and fixed with reference ~ 
to the distance and direction of such house building or lot, from 
two certain meridian lines, which lines are now described and 


established as follows: 


Meridian A—Beginning at the intersection of the south bound- 
ary line of the city and the center of Florida avenue, running 
thence north along the center of Florida avenue to the Mississippi 
river, and thence with center line of said avenue if same were 


extended northwardly to the line dividing the Rice and Ramsey 


CITY ORDINANCES. 


669 


STREET NUMBERING 


grants, and known as the Ramsey line; thence northwardly and 
parallel with that part of Main street lying north of Beale street. 

Meridian B—Beginning at a point where Meridian A would 
intersect the center line of Madison street if same were extended 
westwardly, thence east along the center of Madison street to the 
eastern boundary line of the city. Where the house, building 
or lot is situated on a street running in a north and south direc- 
tion, the street number shall be fixed with reference to the 
distance north or south from Meridian B, each street number 
taking up a frontage of twenty feet. The odd numbers shall 
be on the west side of the street, and the even numbers on the 
east side. For example: 

A house on Second street 1,000 feet north of Madison street 
would be No. 100 North Second street if situated on the east 
side of the street, and No. 101 North Second street if situated 
on the west side of the street. 

Where the house, building or lot is situated on a street running 
east and west, the street number shall be fixed with reference 
to the distance from Meridian A, each street number taking up 
a frontage of twenty feet, the odd numbers being on the south 
side and the even numbers on the north side of the street. For 
example: _ | 

A house, building or lot on Union avenue 7,000 feet east of 
Meridian A would be No. 700 Union avenue, if situated on the 
north side of the street, and No. 701 Union avenue if situated on 
the south side of the street. 

Where streets do not run at right angles with the meridians, 
the frontage of each street number shall be increased so as to 
make the street number on that street correspond with the street 
numbers on other streets in the same block which do run ac 


right angles to the meridian. 


Sec. 1144. The owner of any house or building erected after 


this date shall apply to the City Engineer for his street number, 


Example. 


East and 
west streets. 


Example. 


Irregular 
streets, 


Numbers— 
how obtained. 


670 


CITY ORDINANCHS. 


STREET NUMBERING. 


Where to be 
placed. 


Violation 


Misdemeanor. 


New 
buildings. 


and the Engineer shall furnish it to him upon the payment of a 
fee of 50 cents, which shall be turned over to the County Trustee 
for the use of the city. 

The City Engineer shall proceed at once to ascertain and fix 
street numbers for the houses in the annexed territory, and the 
owners of such houses shall pay 50 cents for each number fur- 


nished. 


Sec. 1145. Hereafter every person, firm or corporation owning 
or occupying any house or building in the city, and fronting on 
any street in the city, and not now bearing a street number, 
shall have a street number attached to or stenciled or painted 
on the front part of such house or building in such manner as 
that the number ghall be plainly visible from the street, and 
said street number shall be the number conforming to the street 
numbering ordinance, and shall be the number designated by 
the City Engineer in accordance with said ordinance. 

Sec. 1146. After November 1, 1900, any person, firm or cor- 
poration that fails to comply with this ordinance ual be guilty 
of a misdemeanor, and fined not less than $2 nor more than $50 


for each house or building not numbered. 


Sec. 1147. It shall be the duty of each person fa keep upon 
and in front of their house a number corresponding with the 
number on file in the City Engineer’s office, and sufficiently large 
and plain that it may be easily read from the opposite side of 


the street upon which the house is situated. 


Sec. 1148. When any person shall build upon any vacant lot 
on any of the streets within the limits of the city, the occupant 
of the building shall, within ten days after he or she has occu- 
pied the building, comply with this ordinance. 

Sec. 1149. That any person violating any of the provisions of 
this ordinance shall be guilty of a misdemeanor, and upon con- 
viction before the Police Court shall be fined not less than $1 nor 


more than $50 for each and every offense. 


CITY ORDINANCES. 


STATEMENT OF THE BONDED DEBT OF THE CITY. MAY 
1ST, 1909. 


Date of Amount Date 


Name of Bond. Issue. Outstanding. Due. 
Taxing District compromise bonds, 6%.1885 $ 986,000.00 1915 
Refunding gold bonds, 4144%.......... 1896 1,247,000.00 1926 
Market house bonds, 5%.............. 1897 20,000.00 1919 
Market house bonds, 5%.............. 1897 20,000.00 1922 
Marker house bonds, 5%. 2.0.1... .....6- 1897 20,000.00 1927 
ee ON ear etc. fee cress die 'fe stale a's 1901 250,000.00 1912 
PREMIO S44 GG iocsaha aGciie! soca «oes 0 o's *1909 1,000,000.00 1959 
Memphis water bonds, 4%...........-. 1903 1,850,000.00 1933 
Memphis water bonds, 4%............. 1909 1,009,000.00 
Memphis water bonds, 4%............. 1909 241,000.00 
New refunding bonds, 4144%........... 1908 537,000.00 19389 
PEMIICM PEE OLLELS 0. OU Go cur mettre Ce Wig cake. < oo. a pica 25,000.00 1911 
PEMENO CY aTIOTIOS ia te cen ra than ate on a % ee 28,500.00 1919 
OALOYS Total 000 SC ss Ba ee a ae 25,000.00 1916 
Ree Cr OTS G45 oe a ele, o's we we e/a ie 25,000.00 - 1921 
School POUUSR Lie as -ie <ieie were cea ele ss eke 20,000.00 1926 
Serie MeOH OS. . 45.0 -cls acc cers woe sw ee ee ee 75,000.00 1929 
matogl bonds, 445.9. oo. a vet nse sow bas Wee: 125,000.00 1945 
OTL ad SPE ra CW oS ge Staci) Orie Ree eee 300,000.00 1937 

Mee mee ee rl at ses Peta wip Rta fal ors ios Ros ose 's $7,803,500.00 

RECAPITULATION OF BONDED INDEBTEDNESS, MAY 1, 1909. 
SCEC Ey bar OTs. COMM Len DOTS steht terare aslo an sos bold ew was $1,011,000.00 
iver (oer CONL, DONGSstc.acshe ceo ace hoa ee ds 60,000.00 
Four and one-half (4%) per cent. bonds.......... 1,984,000.00 
Four and one-quarter (4144) per cent. bonds........ *1,000,000.00 
Berne NOT SCENC. (DOTS ,. bei cula + Cave a ves 0 fie se ae ees 3,748,500.00 
TotairnOnged indehnltedness vo... «ccs ta ae <ack sles es cek $7,803,500.00 


*This statement assumes that the $1,000,000.00 park bonds au- 


thorized by Legislature of 1909 will all be issued. 


671 


BONDED DEB. 


672 


CITY ORDINANCES. 


REFUNDING BONDS. 


Provisions 
for issuance. 


Form of bond. 


ARTICLE. 71. 
ORDINANCES AUTHORIZING BOND ISSUES. 
NO. 1. REFUNDING BONDS 1896. 


Sec. 1150. Be it ordained by the Legislative Council of the 


City of Memphis, That the City of Memphis hereby accepts, to. 


the extent hereinafter stated, the provisions of Chapter 56, of 
the Acts of the Legislature of the State of Tennessee, for the year 
1895, by and under which the said city is authorized to issue: 
three million ($3,000,000) dollars of bonds for the purpose of 


refunding its bonded debt at a lower rate of interest. 


Sec. 1151. For the purpose of refunding at a lower rate of 
interest the now outstanding debt of said city, issued under the 
provisions of Chapter 170 of the Acts of 1883, and maturing on 
the ist day of January, 1913, and now redeemable at par, the 
said City of Memphis wiil issue, and the Mayor and Secretary 
of the Board of Fire and Police Commissioners are hereby au- 
thorized to execute and deliver $1,250,000 of said bonds, dated 
July 1, 1896, and maturing July 1, 1926, bearing 41%4 per cent. 
interest, both principal and interest payable in gold coin of the 
present standard, at the office of the United States Mortgage & 
Trust Company, in the City of New York, or at the City of 


Memphis, Tenn. 


The form of said bond and coupons shall be as follows: 
State of Tennessee, City of Memphis, County of Shelby. 
Refunding Gold Bond, 1896. 


The City of Memphis, Shelby County, State of Tennessee, a 
municipal corporation created under the laws of the State of 
Tennessee, hereby acknowledges itself indebted and firmly bound 
to the holder of this bond in the sum of one thousand ($1,000) 
dollars, gold coin of the present standard, and promises and 
obligates itself to pay to the holder of this bond, at the office 
of the United States Mortgage & Trust Company, in the City of 


CITY ORDINANCES. 


673 


REFUNDING BONDS. 


New York, or at the City of Memphis, Tenn., on the list day of 
July, A.D. 1926, the sum of one thousand ($1,000) dollars, in 
gold coin of the present standard, with interest thereon in like 
gold coin at the rate of four and a half (4%) per cent. per 
annum, payable semi-annually, on the 1st day of January and 
July in each year until maturity, on the presentation and sur- 
render of the proper coupon at the office of the United States 
Mortgage & Trust Company, in the City of New York, or at 
the City of Memphis, Tenn. 

This bond is one of a series of twelve hundred and fifty (1,250) 
bonds, aggregating one million two hundred and fifty thousand 
($1,250,000) dollars, and has been duly and legally issued under 
and in pursuance of and in strict conformity with an ordinance 
and resolution of the Legislative Council of said City of Mem- 
phis, and under authority of the Constitution and in accordance 
with the laws of the State of Tennessee, and an act of the Leg- 
islature of said State, passed on the 4th day of April, 1895, being 
an act entitled “An act to amend an act entitled an act to estab- 
lish taxing districts in this State, and to provide means of local 
government for the same’ (the same being Chapter 11 of the 
Acts of 1879), so as to authorize the City of Memphis to issue 
three million ($3,000,000) dollars of bonds for the purpose of 
refunding its bonded debt at a lower rate of interest, and the 
holder is entitled to all of the rights and remedies set forth in 
and secured to him by said ordinance, act of the Legislature 


and laws of the State of Tennessee. 


This bond shall not be valid and obligatory unless the certifi- 
cate engraved hereon is signed by the United States Mortgage 


& Trust Company. 


fn witness whereof the Mayor of said city and the Secretary 


of the Board of Fire and Police Commissioners of said city have 


674 CITY ORDINANCES. 


REFUNDING BONDS. 
signed this bond and attached thereto the seal of said city, this 
1st day of July, 1896. 


THE CITY OF MEMPHIS, 
BYo bets dec oe eel Se gee Mayor. 


©. 05s) jo Ue! ©) eee) ese 6 be ee) 0/10 /e, 50.16 1 n6_.0 16 10.8, 


Commissioners of the City of Memphis. 


COUPON. 


Form of $22.50—City of Memphis, County of Shelby, State of Tennessee, 
ee four and one-half per cent. Refunding Gold Bond. 

On January 1, 1897, the City of Memphis will pay to the 
bearer, at the office of the United States Mortgage & Trust Com- 
pany, of New York City, or at the City of Memphis, Tenn., twenty- 
two and fifty-hundreds (22.50) dollars in gold coin of the present 
standard, for six months’ interest on Bond No........... 

THE CITY OF MEMPHIS, 


By W. L. CLAPP, Mayor of the City of Memphis. 


CERTIFICATE. 


eee It is hereby certified that the within bond is one of a series 
of twelve hundred and fifty (1,250) bonds, mentioned therein, 
amounting in the aggregate to $1,250,000. 
UNITED STATES MORTGAGE & TRUST CO., 
Bayi ours SS ee Sed eee ee , President. 


CERTIFICATE OF CITY ATTORNEY AS TO. VALIDITY, 


pes I hereby certify that I have examined the proceedings taken 

torney. in the issue of the within bonds, and find that all acts and 
things requisite to a valid issue of bonds have been properly 
performed and done, and the bonds are, in my opinion, valid 
evidences of debt for the payment of the interest and principal 
of which the City of Memphis, State of Tennessee, is legally 
bound. 


, City Attorney. 


Abe eee te 8.8 a) 6. 6) wwe elcome, im eh eta hot a! 10) inne 


CITY ORDINANCES. 


675 


MARKET HOUSE BONDS. 


Sec. 1152. Upon the execution of the aforesaid bonds by the 
Mayor and Secretary of the Board of Fire and Police Commis- 
sioners, the Mayor be, and he is hereby, authorized to sell the 
same at the price of 103144, the same to be sold and deliverea 
at the price aforesaid to the Mutual Life Insurance Company of 
New York and to other subscribers, as shown by the contract 
between the City of Memphis and said insurance company, which 
is spread on the minutes of the proceedings of this session of 


the Legislative Council. 


Sec. 1153. The proceeds of the bonds hereby authorized to be 
issued shall be used for the exclusive purpose of refunding or 


retiring the now outstanding 1913 bonds. 


Sec. 1154. The bonds hereby authorized to be issued shall 


not be subject to call. 


Sec. 1155. The holders of the bonds hereby authorized to be 
issued and delivered shall be entitled to all the rights and reme- 
dies provided by said act, Chapter 56, of the Acts of 1895, and 
any other laws of the State of Tennessee, and for the purpose of 
securing the payment of the principal and interest of said bonds 
as the same shall respectively mature, the said City of Mem- 
phis also hereby pledges itself t6 levy an annual tax sufficient 
to meet the semi-annual interest thereon as it matures, and 
further pledges itself to levy a tax sufficient to pay the principal 


thereon as the same shall mature. 


NO. 2. MARKET HOUSE BONDS, 1897. 

Sec. 1156. Be it ordained by the Legislative Council of the 
City of Memphis, That under and by virtue of the provisions 
of Chapter 86 of the Acts of the regular session of the Legislature 
of the State of Tennessee of 1893, the City of Memphis will issue 


and the Mayor and Secretary of the Board of Fire and Police 


1 Sections 1150 to 1155, inclusive, passed May 27, 1896, 


Sale of bonds. 


Use of pro- 
ceeds. 


Not callable. 


Tax levies. 


Issuance. 


676 


CITY ORDINANCES. 


MARKET HOUSE BONDS. 


Denomina- 
tions. 


Maturity. 


Interest rate. 


Certificate 
ot Trustee. 


Commissioners are hereby authorized to execute and deliver 
$60,000 of “Market House Bonds,” the same to be issued and 
the proceeds thereof to be used exclusively for the erection of a 
market house, and for other improvements on the premises 
Known as the Beale Street Market House property, situated 
on the north side of Beale street, between Hadden avenue and 


Hernando street, in said city. 


Sec. 1157. Said bonds shall be of the denomination of five 
hundred ($500) dollars, and shall be dated January 1, 1897. One- 
third of. said bonds shall mature in twenty years, one-third in 
twenty-five years, and the remaining one-third in thirty years 
from the date thereof. The said bonds shall bear interest at 
the rate of five (5) per cent. per annum, to be evidenced by at- 
tached coupons maturing semi-annually, and the principal aaa 
the interest thereon shall be payable in the City of Memphis, 


Tennessee. 


Sec. 1158. The form of said bond and coupons shall be as 


follows: (Here follows form of bond.) 


Sec. 1159. To secure the payment of the principal of and 
interest on said bonds the Mayor of the city is hereby authorized 
and empowered to execute a trust deed upon the market house 
property aforesaid and upon its net income and revenues, the 
form of which deed shall be as follows: (Here follows form 


of trust deed.) 


Sec. 1160. On the back of each of said bonds the said Mem- 
phis Trust Company shall certify as follows: “This bond is one 
of the bonds secured by trust deed authorized by the ordinance 
providing for the issue thereof, and registered in the Register’s 


294 


office of Shelby County, Tennessee, in Book —, page —. 


1 Sections 1156 to 1160, inclusive, passed Mareh 4, 1897. 


CITY ORDINANCES. 


677 


REFUNDING BONDS. 


PARK BONDS, 1901. $250,000 4 PER CENT. BOND. 
See ordinance, April 13, 1901. (Minute Book E, pp, 501, 548, 
578.) 
NO. 3. $551,000 REFUNDING BONDS. 

Whereas, by virtue of the provisions of an act of the General 
Assembly of the State of Tennessee, approved April 4, 1895, 
being Chapter 56 of the Acts of 1895, and the Constitution and 
other statutes of said State in such cases, made and provided, 
the City of Memphis is authorized and empowered to issue bonds 
to an amount not exceeding $3,000,000.00 for the purpose of re- 
funding its bonded debt at a lower rate of interest; and, 

Whereas, the bonded indebtedness of the City of Memphis, 
amounting to $551,000.00, and bearing interest at the rate of 6 per 
cent. per annum, became due and payable on the first day of 
July, 1907; and it is necessary to issue bonds in order to pro- 
vide the funds wherewith to pay said bonded indebtedness, which 
matured on the Ist day of July, 1907, as aforesaid; now, there- 


fore, 


Sec. 1161. Be it ordained by the Legislative Council of the 
City of Memphis, That the City of Memphis will issue its nego- 
tiable bonds to the amount of $551,000.00 in the denomination 
of $1,000.00, dated the 1st day of January, 1908, bearing interest 
at the rate of four and one-half per cent. per annum, payable 
semi-annually, on the ist day of January and July of each year, 
snd said bonds shall be signed by the Mayor and the Register 
of the City of Memphis; and the interest coupons attached to 
said bonds shall bear the lithographed signature of the said 
Mayor. 

All of said bonds shall mature and be due and payable on the 
Ist day of January, 1939, without option of prior payment; and 
Said bonds and interest coupons shall be payable at the City 
Hall, in Memphis, Tennessee, or, at the option of the holder, 


at the Bank of America, in the City and State of New York, 


Preamble, 


$551,000 re- 
funding bonds, 


Maturity 
of bonds, 


678 


CITY ORDINANCES. 


REFUNDING BONDS. 


Form of 
bond. 


and said bonds, both principal and interest, shall be payable in 


lawful money of the United States of America. 


Sec. 1162. Said bonds and coupons thereto attached shall be 
in substantially the following form, to-wit: 
(Form of Bond.) 
UNITED STATES OF AMERICA, 
STATE OF TENNESSEE, 
City oF MEMPHIS. 
REFUNDING BOND. : 


INO Sareea $1,000. 


Know all men by these presents that the City of Memphis, a 
municipal corporation organized and existing under the laws of 
the State of Tennessee, hereby acknowledges itself indebted, 
and promises to pay to bearer the sum of one thousand dollars 
on the ist day of January, 1939, with interest thereon at the 
rate of four and one-half per centum per annum, payable semi- 
annually, on the 1st day of January and July, on presentation 
and surrender of the coupons hereto annexed, as they severally 
become due, both principal and interest being payable in lawful 
money of the United States of America, at the City Hall in Mem- 
phis, Tennessee, or, at the option of the holder, at the Bank 


of America, in the City and State of New York. 


This bond is one of a series of bonds issued for the purpose 
of refunding and renewing certain valid bonds of the City of 
Memphis, which were outstanding at and prior to the time of 
the taking effect of Chapter 56 of the Acts of Tennessee for the 
year 1895, and which matured and became payable during the 
year 1907, and which remained outstanding and unpaid until 
the time of the issuance of these refunding bonds. This bond 
is issued under and pursuant to and in strict conformity with 
the constitution and statutes of the State of Tennessee and the 
charter of the said City of Memphis, and the amendments thereto, 


and ordinances and proceedings duly passed and adopted. 


CITY ORDINANCES. 


679 


REFUNDING BONDS. 


It is hereby certified, recited and declared that all acts, condi- 
tions and things required to be done, exist, happen and be per- 
formed precedent to and in the issuance of this bond have been 
done, have existed and have happened and been performed in 
regular and due form and manner as required by the Constitu- 
tion and statutes of said State and the charter of said city; 
that the bonds refunded by this series of bonds were duly and 
lawfully issued, and did not exceed any constitutional, statu- 
tory or charter limitations, and were valid, legal and subsisting 
obligations of said City of Memphis; and that this bond, to- 
gether with all other indebtedness of said City of Memphis, does 
not exceed any limit prescribed by the Constitution or statutes 
of said State or charter of said city. The full faith and credit 
of said City of Memphis is hereby pledged for the payment of 
the principal and interest of this bond as the same respectively 
become due, and for the levy and collection of sufficient taxes 


for that purpose. 


In witness whereof, said City of Memphis has caused this 
bond to be signed by its Mayor and the City Register and the 
corporate seal of said city to be affixed hereto and the coupons 
attached to this bond to bear the engraved or lithographed sig- 
nature of the Mayor, and this bond to be dated the 1st day of 
January, 1908. 


FORM OF COUPON. 


iG ain $22.50 

PU LEO GRY.: OF to cic facoct aco els dns ows ee Oates dale Col en UE 
Memphis, State of Tennessee, will pay to bearer twenty-two and 
fifty-hundredths ($22.50) dollars, lawful money of the United 
States, at the City Hall in Memphis, Tennessee, or, at the option 


of the holder, at the Bank of America, in the City and State 


Form of 
coupon. 


680 


CITY ORDINANCES. 


REFUNDING BONDS, 


Sale. 


Proceeds— 
how applied. 


Levy and 
collection of 
taxes for 
payment. 


of New York, being six months’ interest then due on refunding 


bond of said city, dated January ist, 1908. 


Sec. 1163. The Mayor of the City of Memphis shall ES said 
bonds and coupons to be properly lithographed and said bonds 
shall all be signed by the Mayor and the City Register, and the 
corporate seal of the City of Memphis shall be affixed thereto. 


Sec. 1164. Said bonds shall be sold at public sale, whereof 
due notice shall be given of at least twenty days by and after 
inviting sealed bids by advertisement in Memphis, Tennessee, 
and in one or more financial papers or newspapers published in 
the City of New York or Chicago, Illinois, or both. 

Said bonds shall not be sold below the par or face value thereof, 
free from any sales commission or brokerage. The right to reject 


any or all bids shall be reserved. 


Sec. 1165. The proceeds of said bonds shall be used for the 
sole and exclusive purpose of paying off and retiring the afore- 
said bonded indebtedness of the City of Memphis, which fell 
due on the ist day of July, 1907, as aforesaid. And no more 
bonds shall be sold or issued than will be necessary to raise said 


sum of $551,000.00. 


Sec. 1166. The full faith and credit of said City of Memphis 
is hereby pledged for the payment of the principal and interest 
of this bond as the same respectively become due, and for the 


levy and collection of sufficient taxes for that purpose. 


Sec. 1167. All ordinances and parts of ordinances in conflict 
with or inconsistent with this ordinance be, and the same are 
hereby, repealed, and this ordinance shall take effect from and 


after its passage. 


CITY ORDINANCES. 


681 


BOARD OF WATER COMMISSIONERS. 


Sec, 1168. That this ordinance be published in the Daily News 
Scimitar, of Memphis, Tennessee, as required by law in such 


ceases.* 


ARTICLE 72. 
ORDINANCE ESTABLISHING BOARD OF WATER COMMISSIONERS. 

Whereas, by virtue of Chapter 32 of the Acts of the General 
Assembly of Tennessee of 1899, authority is conferred upon the 
City of Memphis, through its Legislative Council, to establish a 
Board of Water Commissioners; and, 

Whereas, the City of Memphis is now about to consummate 
negotiations whereby it will become the owner of its own water 
plant, and a Board of Water Commissioners is necessary to con- 


trol and manage said water plant; therefore, 


Sec. 1169. Be it ordained by the Legislative Council of the 
City of Memphis, That there shall be, and hereby is, established 
a Board of Water Commissioners, which shall consist of three 
members, who shall be elected by the Legislative Council. At 
the first election of sard Commissioners, one of them shall be 
elected for a term of six years, one for four years, and one for 
two years. At the expiration of their respective terms of office 
their successors shall be elected for a term of six years. That 
member elected for the longest term shall be Chairman of said 
Board, and that one elected for the next longest term shall be 
Vice-Chairman. 

At the expiration of the term of the first Chairman, or in 
case of vacancy in the office of Chairman, the member of said 
Commission who shall be selected to act as Chairman shall be 
designated by the Legislative Council. 

No member of the Legislative Council, and no person officially 
- connected with the city government, shall be eligible as a mem- 


ber of the Board, and all members thereof shall have resided 


1 Sections 1161 to 1168, inclusive, passed March 24, 1908. 


Preamble. 


Board of 
Water Com- 
missioners. 


Term of 
office. 


Vacancy— 
how filled. 


Who eligible. 


682 


CITY ORDINANCES. 


BOARD OF WATER COMMISSIONERS. 


Bond. 


Salary of 
Chairman. 


Monthly 
meetings. 


Chairman 


to preside. 


within the present limits of the city for five years preceding their 
election. 

The members of said Board shall be citizens of known integ- 
rity and probity, and shall be selected because of their public 
spirit and their business ability. : 

Before entering upon their duties, each member of said Board 
shall give a bond, payable to the city, in the penalty of $10,000, 
conditioned for the faithful discharge of his duties, and they 
shall take an oath before the Mayor to faithfully perform the 
duties of their office, and that they shall not become interested, 
directly or indirectly, in any contract of purchase made in or 
about the conduct, improvement and maintenance of the water- 
works system of the city. 

The Chairman of said Board shall receive a salary of three 
thousand dollars ($3,000) per annum, payable in monthly install- 
ments, he to give his entire time and attention to the duties or 
his office, and the other two (2) members thereof shall be 
paid ten dollars ($10) for each and every meeting of said Board 


attended by them.* * 


Sec. 1170. The Board of Water Commissioners shall hold one 
regular meeting each month; said monthly meeting to be held 
in the office building of the waterworks system, at 2 o’clock 
on the afternoon of the first Tuesday preceding the regular 
monthly meeting of the Legislative Council. Special meetings 
may be called by the Chairman at any time upon due notice to 
the other members. . 

A suitable room in the office building of the waterworks sys- 
tem shall be provided for the meetings of the Board. 

At all meetings of the Board the Chairman shall preside and 
preserve order, and the Secretary of the waterworks system— 


to be selected as hereinafter provided—shall also be Secretary 


1 Paragraph 7, Section 1, passed September 24, 1907. 


CITY ORDINANCES. 


683 


BOARD OF WATER COMMISSIONERS. 


of the Board, and be present at all of its meetings to take and 


‘keep the minutes and proceedings of said meetings. 


Sec. 1171. The said Board of Water Commissioners shall have 
general supervision and direction of the waterworks system 
of the City of Memphis. 

It shall employ a general superintendent of the waterworks 
system and a Secretary therefor, and such hydraulic engineers 
as may be necessary in the operation of said waterworks sys- 
tem; all of which officers, agents or employes shall be employed 
by the said Board upon the approval of the Legislative Council 
of the City of Memphis. 

It shall be the duty of said Board of Water Commissioners 
to fix the salaries of all of the officers, agents and employes 
of the said waterworks system, subject to the approval of the 
Legislative Council. 

It shall further be the duty of said Board of Water Commis- 
Sioners to make all purchases of materials that may be neces- 
sary for the maintenance, improvement and extension of the 
waterworks plant, said Board being required, in making such 
purchases, to comply with the law and ordinances with refer- 
ence to advertising for bids. 

At the regular monthly meetings of said Board of Water Com- 
missioners all reports that may be required from the various 
officers, agents and employes of the waterworks system shall 
be received, and the said Board, at this meeting, shall formulate 
a full report of the receipts and disbursements of the water- 
works system during the preceding month, together with a 
statement of such extensions and improvements as it deems 
necessary to be made during the following month, which report 
and statement shall be submitted to the Legislative Council of 


the City of Memphis at its regular monthly meeting. 


It is further specifically provided that it is the duty of the 


Board of Water Commissioners to keep intimately informed of 


General 
supervision. 


Employ 
Superin- 
tendent. 


Duties. 


Fix salaries 
of employes. 


Purchase of 
materials. 


Reports. 


Keep Coun- 
cil advised 
of condition. 


684 


CITY ORDINANCES. 


BOARD OF WATER COMMISSIONERS. 


Bond of 
Superin- 


tendent. ° 


Duties of 
Superin- 
tendent. 


Salary. 


the management and condition of the waterworks system, and 
to keep the Legislative Council of the City of Memphis thor- 


oughly advised as to such management and condition. 


Sec. 1172. The General Superintendent of the waterworks 
system, herein provided for, shall give a bond payable to the 
city, conditioned for the full and faithful discharge of his duties, 


in the penalty of $25,000. 


He shall devote his entire time and attention to the duties 
of his office, and shall have general management and control of 
the waterworks plant and property, subject to the supervision 


and control of the Board of Water Commissioners. 


He shall be vested with the power to appoint and employ all 
agents and employes that may be necessary in the management 
and operation of the water plant (except the Secretary and 
hydraulic engineers), subject to the approval of the Board of 


Water Commissioners. 


He shall make monthly reports in writing to the Board ot 
Water Commissioners, said report to be submitted to the said 
Board at its regular monthly meeting, and he shall keep such 
records as may be intelligible to the said Board, and be at all 


times accessible to the members thereof. 


He shall draw all checks or vouchers necessary for the dis- 
bursement of money for the use of the waterworks system, which 
said checks or vouchers shall be on the depositary of the said 
waterworks system, to be designated by the Board of Water 
Commissioners, and shall be countersigned by the Chairman ot 
the Board of Water Commissioners, and, in his absence or disa- 
bility, by the Vice-Chairman, and, in the absence or disability 
of both the Chairman and Vice-Chairman, by the other member 


oi the said Board of Water Commissioners. 


The salary of said General Superintendent shall not exceed 


$3,600 per annum, payable in monthly installments. 


CITY ORDINANCES. 


685 


WATER BONDS, 


Sec. 1173. The Secretary of said waterworks system, herein 
provided for, shall give a bond in the sum of $10,000, payable 
to the city, conditioned for the full and faithful discharge of 
his duties. | 

He shall devote his entire time and attention to the duties of 
his office. 

He shall have general supervision and control of all books 
and records that may be necessary to be kept in the management 
ef said waterworks system, and he shall, whenever called upon 
so to do, make a full and complete report to the Board of Water 
Commissioners about such matters coming under his supervision 
as such Board may require of him. 

The salary of the Secretary shall not exceed $2,500 per annum, 


payable in monthly installments. 


Sec. 1174. All of the books, papers, files of correspondence, 
vouchers, invoices, estimates or contracts of or pertaining to 
the waterworks system in the custody of any officer or person 
whatsoever shall be accessible and subject to inspection by 
any committee or person designated by the Legislative Council 
of the City of Memphis to make any audit or inspection what- 


soever that said Legislative Council may deem proper.' 


RESOLUTION. 

Whereas, pursuant to the resolution adopted by the Legislative 
Council on May 9th, 1903, an advertisement for bids for $1,- 
250,000 of thirty-year 4 per cent. water bonds of the City of 
Memphis was published in the Memphis Morning News, on the 
following days, to-wit: May 16th, 17th, 18th, 19th, 20th, 21st, 22d, 
23d, 24th, 25th, 26th, 27th and 28th, 1903; and, 
| Whereas, said advertisement was also published in the Finan- 
cial and Commercial Chronicle, of New York, in its issue of May 


23d, 1903, and said advertisement in the Memphis Morning News 


1 Sections 1169 to 1174, inclusive, passed May 29, 1903 (except Paragraph 6 
of Section 1169). 


Bond. 


Secretary. 


Books of 
Water De- 
partment 
ject to 

inspection. 


sub- 


686 


CITY ORDINANCES. 


WATER BONDS. 


and in said Financial and Commercial Chronicle was in the fol- 
lowing form, to-wit (see ante page 39): and, 

Whereas, in pursuance of said advertisement, sealed bids have 
been received at the office of the City Secretary, and said bids 
have been opened and considered by the Council, and it appear- 
ing that the bid of C. W. Schulte, for himself and as agent for 
a syndicate of Memphis bankers, of $1,250,800 for said $1,250,000 
of 4 per cent. thirty-year bonds, numbered from 1 to 1250, inclu- 
Sive, is the highest and best bid; now, therefore, be it 

Resolved, That said $1,250,000 of 4 per cent. thirty-year bonds 
of the City of Memphis, provided for by the ordinance of May 
9th, 19038, that is to say, Nos. 1 to 1250, inclusive,‘ be, and the 
same are hereby, awarded and sold to C. W. Schulte, agent, for 
the sum of $1,250,800 together with accrued interest on the face 
value of said bonds from their date, namely, May Ist, 1903, to 
this date, aggregating $1,254,772.59. 

And the Mayor is now authorized and directed to receive the 
deed to the artesian water plant from the Artesian Water Com- 
pany, and to deliver the trust deed or mortgage upon said plant 
securing said bond issue, and to deliver said $1,250,000 of water 
bonds to said C. W. Schulte, agent, and out of the purchase price 
above named to pay to the Artesian Water Company, $1,096,000. 
and interest thereon at the rate of 6 per cent. per annum from 
April 1st, 1903, to this date. 

Be it further resolved, That the Mayor, Secretary and other 
officers of the city are hereby authorized and directed to do such 
acts and take such steps as may be necessary, legal and proper 
for consummating the purchase of the water plant, and for the 


sale and delivery of said $1,250,000 of bonds.* 


1 Adopted May 29, 1908. 


CITY ORDINANCES. 


687 


WATER BONDS. 


OPINION. 
DILLON & HUBBARD, 
Attorneys and Counsellors at Law, 
New York, June 8, 1903. 


Hon. J. J. Williams, Mayor, Memphis, Tennessee: 

DEAR Srr—At the request of the City of Memphis, we have 
examined into the validity of an authorized issue of $3,500,000 
water bonds of the City of Memphis, said bonds being of the 
denomination of $1,000 each, dated May 1, 1903, bearing interest 
at the rate of 4 per centum per annum, payable semi-annually 
May 1 and November 1, bonds numbered from 1 to 2000, both 
inclusive, being payable May 1, 1933, $50,000 of said bonds, num- 
bers 2001 to 2050, both inclusive, being payable May 1, 1904; the 
next $50,000 of said bonds, numbers 2051 to 2100, both inclusive, 
being payable May 1, 1905, and so on $50,000 each year of the 
next succeeding numbers, to and including bond number 3500, 
said bonds being issued under an act of the General Assembly 
of the State of Tennessee, appearing as Chapter 32 of the Acts 
of 1899, and an act of the General Assembly of the State of 
Tennessee amendatory thereof, approved April 14, 1903, and a 
mortgage made by said City of Memphis to the Memphis Trust 
Company, dated May 1, 1903. We have examined the Constitu- 
tion and statutes of the State of Tennessee and certified copy 
of proceedings of said city authorizing the issue of said bonds. 
We have also examined certified copy of proceedings making sale 
of $1,250,000 of said bonds, numbers 1 to 1250, both inclusive; 
also the engraved form of said bonds. The said form of bond 
and mortgage, as well as said act of April 14, 1903, and the ordi- 
nance authorizing the issuance of the bonds, passed May 9, 
1903, were drafted by us in connection with the City Attorney. 

In our opinion, said $1,250,000 of bonds, numbers 1 to 1250, 
both inclusive, are issued in accordance with the Constitution 
and statutes of the State of Tennessee, and constitute valid and 


legally binding obligations of said City of Memphis. 


688 


CITY ORDINANCES. 


BOARD OF WATER COMMISSIONERS. 


Water De- 
partment to 
furnish 
water free. 
To whom. 


Meters to be 


removed un- 


less re- 


quested to be 


retained. 


Meters not 
to be in- 
stalled ex- 
cept on 
request. 


We are also of opinion that the provisions of the said act, ap- 
proved April 14, 1903, and of the said ordinance of May 9, 1903, 
and the said mortgage, are valid, including, among other things, 
the provisions as to maintaining water rates; also as to the 
obligation of the city to levy taxes with which the net revenues 
from the waterworks shall be sufficient to pay the interest and 
principal of the bonds. Very truly yours, 


(Signed. ) DILLON & [LUBBARD. 


Sec. 1175. The Board of Water Commissioners are hereby 
empowered and directed to furnish, free of charge, to the Park 
Commission of the City of Memphis such supply of water as 
may be reasonably necessary for the parks, parkways and boule- 
vards; also orphan asylums or other charitable institutions for 
the care of persons who are helpless, either from infancy or old 
age; also the house of the Memphis Salvage Corps, and that the 
Water Department is hereby instructed to act under the pro- 


visions of this ordinance. 


Sec. 1175a. Be it resolved by the Legislative Council of the 
City of Memphis, That the Legislative Council direct the Com- 
missioners of the Memphis Artesian Water Department of the 
City of Memphis that all meters heretofore placed upon private 
consumers of water be removed, unless the consumer should re- 


quest that the same be retained, and that this resolution take 


effect on the Ist day of April, 1906.° 


Sec. 1175b. Be it further resolved, That the Legislative Coun- 
cil direct said Commissioners to cease to put in meters upon 
the premises of private residénce consumers, unless same be re- 
quested by said consumers, and that this latter section take 


effect at once.* 


1 Section 1175 passed March 9, 1905. 


2 Sections 1175a and 1175b adopted March 9, 1906. 


See Minute Book ‘‘A,”’ 
‘‘Upper Board,’’ page 122. 


CITY ORDINANCES. 


689 


WATER BONDS. 


ARTICLE 73. 


ORDINANCE PROVIDING FOR ISSUE AND SALE OF WATER BONDS. 


Whereas, under and by virtue of the provisions of an act Of preamble. 


the General Assembly of the State of Tennessee, passed and ap- 
proved on January 28, 1889, being Chapter 382 of the Acts of 
1899, and an act of the General Assembly of said State amenda- 
tory thereof, approved on the 14th day of April, 1903, and the 
Constitution and other statutes of said State in such cases made 
and provided, the City of Memphis is authorized and empowered 
to acquire and purchase water properties, plants, assets and 
franchises, and to issue bonds in amount not exceeding $3,500,000, 
for the purpose of enabling said city to purchase such properties, 
plants, assets and franchises, and providing for the retirement 
of the bonded indebtedness assumed by the City of Memphis, 
“as part consideration of the purchase price of such properties, 
and to make such improvements upon and extensions of such 
water properties and plants as may become necessary; nvuw, 


therefore, 


Sec. 1176. Be it ordained by the Legislative Council of the 
City of Memphis, That the said City of Memphis will issue its 
negotiable bonds to the’ amount of $3,500,000, in denominations 
of $1,000 each, dated May 1, 1903, bearing interest at the rate ot 
4 per cent. per annum, payable semi-annually on the first days 
of May and November of each year, said bonds to be signed by 
the Mayor of the City of Memphis, and its corporate seal to be 
thereto affixed, attested by the Secretary, and the coupons at- 
tached to said bonds to bear the engraved or lithographed sig- 

nature of the said City Secretary. Said bonds shall be numbered 


from 1 to 3500, inclusive. 


Bonds numbered from 1 to 2000, both inclusive, shall be paya- 
ble May 1, 1933; $50,000 of said bonds, numbers 2001 to 2050, 
both inclusive, shall be payable May 1, 1904; the next $50,000 


of said bonds, numbers 2051 to 2100, both inclusive, shall be 


Issue 
bonds. 


690 


CITY ORDINANCES. 


WATER BONDS. 


Form of 
bonds. 


‘Interest. 
Provide for 
payment. 


To levy tax 
to pay 
interest and 
principal. 


Income set 
apart to 
pay bonds, 
ete. 


payable May 1, 1905; and so on, $50,000 each year of the next 


succeeding numbers, to and including Bond No. 3500. 


Sec. 1177. 


tained in the mortgage hereinafter set forth, subject to necessary 


Said bonds shall be substantially in the form con- 


variations as to number and maturity of bonds and interest 


coupons thereto attached. 


Sec. 1178. To provide for the payment of interest on the 
said bonds and the principal thereof, the City of Memphis hereby 
irrevocably sets apart and appropriates. all of the net income 
and revenues arising or derived from the waterworks belonging 
to the said city, and all extensions and additions thereto, the 
city hereby agreeing that the rates, tolls and rentals fixed and 
charged by the said city for the use of water shall not be lower 
than will furnish sufficient revenue to pay all operating expenses 
of the waterworks system of the said city, and all necessary 
repairs and improvements to the same, and interest on the bonds 
herein authorized to be issued, as the interest and principal 


of such bonds shall respectively become due. 


But it is expressly agreed and provided that if the said net 
revenues shall be insufficient in any one year or years to pay 
the said interest and principal, then, and in such event, the 
said city will, for such deficiency or shortage, levy and collect 
taxes upon all taxable property in ihe said city, which, together 
with such revenues on hand and applicable for that purpose, 
shall be sufficient to pay without default the interest and the 
principal of the said bonds as the same respectively become 


due. 


And it is hereby agreed and covenanted by the City of Mem- 
phis, to and with each and every person who shall be the owner 
or holder of the said bonds or coupons, that the said fund de- 
rived from the net income and revenues of the said waterworks 


system hereafter mentioned, shall be irrevocably appropriated 


CITY ORDINANCES. 


WATER BONDS. 


and set apart, and that the said taxes shall be so levied and 
collected annually, as aforesaid, until the payment of the inter- 


est and principal of the said bonds shall be made. 


And this covenant agreement, and all the other provisions of 
this ordinance, and of the said bonds and the mortgage securing 
the same, shall be deemed and held to be an irrevocable covenant 
and contract with the purchaser, with all subsequent holders 
and owners of the said bonds during the time that the said 


bonds or any of them shall remain outstanding. 


Sec. 1179. For the purpose of further securing tne payment 
of the interest and principal of the bonds herein authorized to 
be issued, the Mayor and Secretary of the city are hereby au- 
thorized and directed to execute. acknowledge and deliver to the 
Memphis Trust Company, of Memphis, Tennessee, as trustee, 
a mortgage, which mortgage shall cover and convey all of the 
water plant, property, machinery, pipes, franchises and all other 
property, real and personal, of every character, including all 
the revenues and income of the waterworks system or plant of 
the City of Memphis; and all additions and extensions thereto 
of every kind, character, nature or description, including, among 
other things, all of the property, water plant and franchises 
appertaining to or used in or about the operation and main- 
tenance of the waterworks system contracted to be purchased 
by the City of Memphis from the Artesian Water Company ot 
Memphis. And also all such other property of any kind or na- 
' ture, including, among other things, any and all additions, addi- 
tional sources of water supply, all extensions, accretions, reve- 
nues, income and profits thereof; and the right of a purchaser, 
his successors or assigns, in case of foreclosure and sale, to 
maintain and operate the same upon the streets, highways and 
public places of the municipality and elsewhere, and to furnish 
water to the said City of Memphis and its inhabitants, and to 


fix and charge reasonable rates, tolls and rentals for the use of 


Irrevocable 
covenant. 


To mortgage 
plant and 
property. 


692 


CITY ORDINANCES. 


WATER BONDS. 


Mortgage 
first lien. 


such water; also the exclusive right and franchise in such pur- 
chaser to supply the city and its inhabitants with water and to 
fix and charge reasonable rates, tolls and rentals for the use of 
said water; and also the right in said purchaser to have all 
of the rights, privileges, franchises and immunities specified and 
mentioned in said mortgage and in said act of April 14, 1903, 
in case of foreclosure and sale; and the right of the trustee taking 


possession under the provisions of said mortgage, or, in the 


“event of the foreclosure and sale of such mortgage, the right 


of the purchaser at such foreclosure sale, his successors and as- 
signs, whether persons or firms or corporations, domestic or for- 
eign, to have exclusive right and franchise to supply such city 
and its inhabitants with water, and to fix and charge reasonable 
rates, tolls and rentals for the use of such water; provided, how- 
ever, that any such purchaser under such foreclosure and sale, 


his successors or assigns, shall be bound to fix and charge. 


The said mortgage shall be a first lien on all of the said water 
plants, property and franchises now owned or hereafter to be 
acquired by the said city, excepting only an issue by the said 
Artesian Water Company of $750,000 first mortgage bonds, dated 
May 10, 1889, due January 1, 1909, and secured by a deed of 
trust made by said Artesian Water Company to the Farmers’. 
Loan & Trust Company, trustee, dated May 10, 1889, and re- 
corded in Book 195, page 114, in the Register’s office of Shelby 
County, Tennessee; and an issue by the said Artesian Water 
Company of $500,000 second mortgage bonds, dated June 30, 1899, 
due January 1, 1909, and secured by a deed of trust made by 
said Artesian Water Company to the Farmers’ Loan & Trust 
Company, trustee, dated July 1, 1899, and recorded in Book 270, 
page 314, in the Register’s office of Shelby County, Tennessee; 
and which the said City of Memphis has contracted to acquire. 

Said mortgage shall be in substantially the following form. 


with such changes and additions, not inconsistent with the said 


CITY ORDINANCES. 693 


WATER BONDS. 
act of the General Assembly of April 14, 1905, as may seem 


proper to the Mayor and Secretary: 


MORTGAGE OF THE CITY OF MEMPHIS TO THE MEMPHIS TRUST COM- 


PANY TO SECURE AN ISSUE OF WATER BONDS OF SAID CITY. 


This indenture, made and entered into this the Ist day ol Form of 
May, 1903, by and between the City of Memphis, a municipal Rat tees 
corporation existing under the laws of the State of Tennessee, 
having a population of 60,000 or more according to the last 
Federal census, party of the first part, and the Memphis Trust 
Company, a corporation existing under the laws of the State 
of Tennessee, with its situs at Memphis, in said State, party 


of the second part: 


Witnesseth, that the said party of the first part, acting under 
and by virtue of the provisions of an act of the General Assembly 
of the State of Tennessee, approved April 14, 1903, conferring 
upon certain municipalities, including the said City of Memphis, 
the power of acquiring a system of waterworks and issuing bonds 
for that purpose, said act being amendatory of Chapter 32 of 
the Acts of the General Assembly of the said State of Tennessee 
of 1899, and under said Chapter 32 of the Laws of 1899, and 
the Constitution of said State, and other statutes of said State 
in such cases made and provided, and for the further considera- 
tion of $5 cash in hand. paid, the receipt of which is hereby ac- 
knowledged, has this day bargained, sold and conveyed unto the 
said Memphis Trust Company, party of the second part, upon 
the trusts for the purposes hereinafter fully set forth and de- 


clared, the following described real and personal property, towit: 


Certain lots, tracts and parcels of land situate, lying and 
being in the City of Memphis, County of Shelby, and State of 
Tennessee, with all improvements thereon, consisting of the 
waterworks plant, machinery, pumps, pipes, wells and stand- 


pipes, and all other improvements of whatsoever kind located 


694 


CITY ORDINANCES. 


WATER BONDS. 


on or pertaining to the waterworks plant purchased by the 
erantor from the Artesian Water Company, and all of said 
waterworks property, plant, franchises, rights and privileges of 
every character and description wheresoever situated or located; 
also all the rights, franchises and privileges obtained by the 
grantor from the said Artesian Water Company of every kind 
and nature whatsoever to operate a water plant within the City 
of Memphis, and also all contracts, rights or privileges con- 


veyed to the grantor by the Artesian Water Company. 


The real estate herein conveyed, upon which is situated the 
plant and improvements purchased by the grantor of the Arte- 
sian Water Company, is located in the City of Memphis, County 
of .Shelby, and State of Tennessee, and more particularly de- 


scribed as follows: 


Parcel No. 1. A lot known as the Mary Sewell part of Coun- 
try Lot 528, described as follows: Beginning on the south side 
of Auction street, at the northwest corner of the school lot oppo- 
site the west side of Fifth street; thence westwardly with the 
south side of Auction street, following its deflection from a 
direct line, 118 feet to the northeast corner of a lot recently 
purchased and now owned by said City of Memphis; thence south- 
wardly with the eastern line of said lot now owned by said City 
of Memphis one hundred and thirty-six (136) feet to the track 
of the Memphis & Ohio Railroad, now operated by the Louis- 
ville & Nashville Railroad Company; thence eastwardly with the 
track of said Memphis & Ohio Railroad one hundred and fifty- 
two (152) feet to the southwest corner of the school lot; thence 
northwardly with the western boundary of said school lot one 


hundred and forty-three (143) feet to the beginning. 


Parcel No. 2. Lots one hundred and thirty-seven (137) and 
one hundred and thirty-eight (138), part of original lot five 
hundred and twenty-eight (528), in the City of Memphis, and 


CITY ORDINANCES. 


695 


WATER BONDS. 


being in the Greenlaw addition; beginning where the east side 
of Fourth street intersects the' north side of Auction street, 
running thence northwardly with the east side of Fourth street 
one hundred and forty-eight (148) feet to an alley midway at 
that point between Sycamore and Auction streets; thence east- 
wardly with the south side of said alley one hundred and forty- 
eight and one-half (14814) feet to an alley midway between 
Fourth and Fifth streets; thence southwardly with the west 
side of said alley one hundred and thirty (130) feet, more or 
less, to the north side of Auction street; thence westwardly 
with the north side of Auction street about one hundred and 


forty-eight and one-half (14814) feet to the beginning. 


Parcel No. 3. A lot commencing at a point on the north side 
of Jackson street, one hundred and twenty-two (122) feet east 
of the point where the east line of the first alley east of Third 
street intersects the north line of Jackson street; running thence 
northwardly thirteen degrees east to a point midway between 
Jackson and Overton streets one hundred and fifty-eight (158) 
feet; thence eastwardly parallel with Jackson street one hun- 
dred (100) feet; thence southwardly parallel with the west line 
of the lot herein conveyed one hundred and fifty-eight (158) feet 
to the north side of Jackson street; thence westwardly along 
the north line of Jackson street one hundred (100) feet to the 


beginning. 


Parcel No. 4. Lots five (5), four (4) and the south thirty (30) 
feet of lot three (3) of block eleven (11), South Memphis; be- 
ginning where the east side of Tennessee street intersects the 
north side of Talbot street; thence northwardly with the east 
side of Tennessee Bret one hundred and fifty (150) feet; thence 
eastwardly parallel with Talbot street one hundred and eighty 
(180) feet to an alley twenty (20) feet wide; thence souti- 


wardly with the west side of said alley and parallel with Tennes- 


696 


CITY ORDINANCES. 


WATER BONDS. 


see street one hundred and fifty (150) feet to the north side of 
Talbot street; thence westwardly with the north side of Talbot 


street one hundred and eighty (180) feet to the beginning. 


Pareel No. 5. Lot one hundred and eighty-nine (189) of 
Greenlaw’s addition to the City of Memphis, beginning at the 
southwest corner of Fifth and Sycamore streets; running thence 
south with the west line of Fifth street seventy-four and one- 
fourth (7414) feet to the northeast corner of lot one hundred 
and ninety (190); thence west and parallel with Sycamore street 
one hundred and forty-eight and one-half (148144) feet to an 
alley; thence north with the east line of said alley seventy-four 
and one-fourth (7444) feet to ‘the soutn line of Sycamore street; 
thence east with the south line of Sycaiieee street one hundred 


and forty-eight and one-half (14814) feet to the beginning. 


Parcel No. 6. Lot beginning on the south side of Auction street 
torty-five (45) feet west of where the center of Fourth street, 
prolonged southwardly, would intersect the south line of Auction 
street; running eastwardly with the south side of Auction street 
three hundred (300) feet; thence southwardly and perpendicular 
to Auction street one hundred and twenty-eight and one-half 
(12814) feet to the center of the track of the Memphis & Ohio 
Railroad Company, now Louisville & Nashville; thence west- 
wardly with the center of the track of the Memphis & Ohio 
Railroad about three hundred (300) feet; thence northwardly 
and parallel with the eastern boundary one hundred and thirty- 
three (133) feet to the beginning, said western boundary being 
also perpendicular to the south side of Auction street, being part 
of original country lots four hundred and sixty-five (465) and 


five hundred and twenty-eight (528). 


Parcel No. 7. Lot beginning on the north side of Jackson 
street, at a point where the north side of Jackson street is in- 


tersected by the east line of the alley first east of Third street; 


CITY ORDINANCES. 


697 


WATER BONDS. 


thence north with said alley one hundred and fifty-six and one- 
half (156%) feet to another alley; thence east with said alley 
one hundred and twenty-two (122) feet; thence southwardly 
parallel with the first named alley one hundred and fifty-six and 
one-half (156144) feet to Jackson street; thence with Jackson 


street one hundred and twenty-two (122) feet to the beginning. 


Parcel No. 8. Part of country lot five hundred and twenty- 
eight (528), in the City of Memphis, beginning on the south 
side of Auction street three and two-tenths (3.2) feet west of 
where the south line of Auction street would be intersected by 
the west side of Fifth street, if prolonged, being the northwest 
corner of the school lot; thence south four (4) degrees east 
with the western boundary of the school lot one hundred and 
fifty-five (155) feet to a stake twenty-five (25) feet northwardly 
from the center of the main track of the Louisville & Nashville 
Railroad; thence eastwardly and parallel with said railroad 
track one hundred and ten (110) feet to a stake twenty-five (25) 
feet northwardly from the center of said railroad track; thence 
north two (2) degrees, east one hundred and eighty-five (185) 
feet to the south side of Auction street, magnetic courses; thence 
westwardly with the south side of Auction street one hundred 
and twenty (120) feet to the beginning, being the western por- 
tion of the lot conveyed by William Parke and James Simpson 


tc the Board of Visitors of the Memphis City Schools. 


Together with all the rights, tenements, hereditaments and 
appurtenances thereunto belonging or in any manner apper- 
taining, it being the intention of this instrument to grant, bar- 
gain and sell and convey unto the trustee named herein, among 
other things, all of the real estate and property formerly be- 
longing to the Artesian Water Company, and acquired by the 
grantor, of whatsoever nature, legal or equitable, and whereso- 


ever situated, whether the same be in this conveyance particu- 


698 


CITY ORDINANCES. 


WATER BONDS. 


Mortgage 
of franchise, 
plant, etc. 


Exclusive 
franchise. 


Right to 
fix charges. 


larly described or not. This conveyance is intended to and does 
include all and singular Horedivateued and appurtenances, ease- 
ments, ways and rights of way belonging to the said waterworks 
plant and property, or in any manner appertaining thereto, to- 
gether with all the plant, machinery, pumps, pipes, wells, stand- 
pipes, rights, property, materials, contracts for the purchase of 
materials and other contracts and assets of every character and 
description, real, personal and mixed, wherever situated, and 
lately acquired by the grantor from the said water company; 
also all rights, privileges and franchises, of whatsoever nature, 
acquired from said company; being all the property, rights, 
franchises, privileges and immunities of every kind, character 
and description conveyed and intended to be conveyed by the 
Artesian Water Company to the City of Memphis by an indenture 
dated the Ist day of May, 1903, which is hereby referred to for 


greater certainty, and made a part of this indenture. 


And the said party of the first part does also grant, bargain, 
sell and convey to the said party of the second part any and all 
waterworks of the said City of Memphis, plants, assets and 
franchises purchased, acquired, constructed, extended or im- 
proved for waterworks purposes by said City of Memphis, and 
any and all additions, additional sources of water supply, all 
extensions, accretions, revenues, income and profits thereof, and 
the right to the purchaser, his Bilecedeore or assigns, in case of 
foreclosure of this mortgage and sale thereunder, to maintain 
and operate the same upon the streets, highways and public places 
of the City of Memphis and elsewhere, and furnish water to the 
said City of Memphis and its inhabitants, and to fix and charge 


reasonable rates, tolls and rentals for the use of such water. 


And it is also hereby provided and declared that the said City 
of Memphis shall have the exclusive right and franchise to sup- 


ply the said city and its inhabitants with water, and to fix and 


CITY ORDINANCES. 


699 


WATER BONDS. 


charge reasonable rates, tolls and rentals for the use of such 
water; and it is further provided and declared that any trustee 
taking possession under the provisions of this mortgage, and 
that in the event of any foreclosure and sale under the provi- 
sions of this mortgage, the purchaser at any such foreclosure 
and sale, his successors and assigns (whether persons or firms 
or a corporation, domestic or foreign), shall have the right and 
franchise in perpetuity to supply such city and its inhabitants 
with water, and to fix and charge reasonable rates, tolls and 
rentals for the use of such water; which right and franchise 
shall be exclusive for fifty years from the date of such fore- 
closure sale. It is further agreed that, so long as any of the 
said bonds or coupons secured by this indenture are outstanding 
or unpaid, such rates, tolls and rentals fixed and charged by the 
City of Memphis shall not be lower than will furnish sufficient 
revenue to pay all operating expenses of the waterworks, system 
or systems herein mortgaged, also for all necessary repairs and 
improvements to the same, and interest on the bonds issued for 
such waterworks system or systems, and the principal of any 
such bonds as all such payments respectively become due. It is 
furthermore agreed that no purchaser under any foreclosure sale, 
his successor or assigns, shall be bound to fix and charge any 
lower rates, tolls and rentals for the use of such water than 
similar rates, tolls and rentals fixed and charged in similar mu- 
nicipalities in the United States with similar waterworks sys- 
tems; provided, however, that in case of default in the payment 
of the interest or principal of the bonds secured by this inden- 
ture, and during the time that such default continues, and pos- 
session of the water plant and property taken by the trustee 
under this mortgage, or by any receiver appointed by a court 
of competent jurisdiction, the party of the first part hereby 
covenants and agrees to pay to such trustee or receiver a sum 


not less than $55,000 per annum for hydrant rentals used for 


700 


CITY ORDINANCES. 


WATER BONDS. 


Foreclosure, 


city purposes, and an additional rental of two and two-tenths 
per cent. on all ponds secured hereby which may be outstanding 
over and above $2,500,000, said payments to be made quarterly 
on the first days of January, April, July and October of each 


year. 


And it is further provided and agreed that, in case of the 
foreclosure of this indenture, the said party of the first part 
will pay the purchaser at such foreclosure sale, his successors 
and assigns, for a term of fifty years from the date of such fore- 
closure sale, a sum of not less than $55,000 per annum for hy- 
drant rentals used for city picpucee And the city further cove- 


nants and agrees that it will obtain its supply of water for all 


city and public uses for such term of fifty years exclusively 


from such purchaser, his successor and assigns, at fair and rea- 
sonable rates, and to pay such further sum in addition to the 
said $55,000 as may be reasonable and fair compensation for 
the water consumed and used by the said city for its public 
purposes, the said $55,000, however, being the minins com- 
pensation for water to be paid by the city. The foregoing pro- 
visions, however, shall not prevent the City of Memphis from 
obtaining from the Mississippi River a supply of water to be 
used by fireboats for extinguishing fires on and along the river 


front. 


And the said party of the first part also hereby grants, bar- 
gains, sells and conveys all rights, privileges and franchises 
which it is authorized to mortgage for the security of the said 
bonds in and by the foregoing recited acts of the General As- 
sembly of the State of Tennessee, including the said act ap- 
proved April 14, 1903, as fully as if the same were set out herein 


at large..- 


To have and to hold, all and singular, the premises and prop- 


erties, real or personal, rights, franchises, licenses, estates and 


CITY ORDINANCES. 


701 


WATER BONDS, 


appurtenances hereby conveyed, transferred and assigned or 
intended to be conveyed, transferred and assigned, to the said 


Memphis Trust Company, its successors and assigns forever. 


With whom the said City of Memphis covenants and agrees 
that it is seized in fee of said lands, tenements, rights, premises, 
franchises, privileges and immunities; that it has good right and 
lawful authority to sell and convey the same; that the same are 
free from all incumbrances, except an issue by said Artesian 
Water Company of $750,000 first mortgage bonds, dated May 10, 
1889, due January 1, 1909, and secured by a deed of trust made 
by said Artesian Water Company to the Farmers’ Loan & Trust 
Company, trustee, dated May 10, 1889, and recorded in Book 
195, page 114, in the Register’s office of Shelby County, Ten- 
nessee; and an issue by said Artesian Water Company of $500,- 
000 second mortgage bonds, dated June 30, 1899, due January 
1, 1909, and secured by a deed of trust made by said Artesian 
Water Company to the Farmers’ Loan & Trust Company, trus- 
tee, dated July 1, 1899, and recorded in Book 270, page 314, in 
the Register’s office of Shelby County, Tennessee, and that the 
title thereto it will forever warrant and defend against the law- 


ful claims of all persons whomsoever. 


But this conveyance is made in trust, and upon the following 


conditions, to-wit: 


The grantor, the City of Memphis, herein named as party of 
the first part, by an ordinance duly passed and adopted at the 
meeting of the Legislative Council on the 9th day of May, 1903, 
such ordinance being passed and adopted by virtue of the power 
and authority conferred on said Legislative Council by the Acts 
of the General Assembly of the State of Tennessee, hereinbefore 
referred to and recited, has authorized and directed the issu- 
ance of its negotiable interest-bearing coupon bonds for the 


sum of three million and five hundred thousand dollars ($3,- 


Covenants. 


Conditions 
of trust. 


702 


CITY ORDINANCES. 


WATER BONDS. 


Form of- 
bond. 


500,000), secured by a mortgage on the properties and in this 
indenture set out, all of said bonds to be dated May 1, 1903. and 
bearing interest at the rate of 4 per cent. per annum, payable 
semi-annually on the first days of May and November of each 
and every year during the existence of said bonds, such bonds 
to be signed by the Mayor of the City of Memphis and the City 
Secretary, and authenticated by the city seal, and the payments 
of interest to be evidenced by coupons or interest warrants at- | 
tached to each bond, bearing the lithographed signature of the 
City Secretary. All such bonds to be in the denomination of 
$1,000 each, numbered from 1 to 3500, inclusive, and maturing 


as follows: 


Bonds numbered from 1 to 2000, both inclusive, shall be paya- 
ble May 1, 1933. Fifty thousand dollars of said bonds, numbers 
2001 to 2050, both inclusive, shall be payable May 1, 1904; the 
next fifty thousand dollars of said bonds, numbers 2051 to 2100, 
both inclusive, shall be payable May 1, 1905; and so on, fifty 
thousand dollars each year of the next succeeding numbers to 


and including bond number 3500. 


All of said bonds and coupons to be payable according to the 
tenor and effect thereof, at the office of the Memphis Trust 
Company, in Memphis, Tennessee, or, at the option of the holder 
ot said bonds, at the office of the United States Mortgage & Trust 
Company, in the City and State of New York, and said bonds, 
excepting the date of maturity as applicable to each specific bond, 
and omitting all the coupons, to be in substantially the follow- 
ing form, to-wit: 

UNITED STATES OF AMERICA. 
STATE OF TENNESSEE, 
CITY OF MEMPHIS. 

FOUR PER CENT. WATER BONDS. 


Now eee $1,000. 


CITY ORDINANCES. 


703 


WATER BONDS. 


Know all men by these presents, that the City of Memphis, 
in the County of Shelby, and State of Tennessee, for value re- 
ceived, hereby promises to pay to the bearer one thousand dol- 
lars lawful money of the United States of America on the first 
day of May, 19—, with interest thereon at the rate of 4 per cen- 
tum per annum, payable semi-annually on the first days of May 
and November, on the presentation and surrender of the an- 
nexed coupons as they severally mature, both principal and in- 
terest being payable at the office of the Memphis Trust Com- 
pany in the said City of Memphis, or at the option of the holder 
hereof at the office of the United States Mortgage & Trust Com- 
pany, in the City and State of New York. 


This bond is one of a series of bonds of like date, tenor and 
effect, numbered from 1 upwards, issued and to be issued to an 
amount not exceeding in the aggregate the principal sum oft 
$3,500,000, under and “pursuant to and in strict compliance with 
an act of the General Assembly of the State of Tennessee, ap- 
pearing as Chapter 32 of the Acts of 1899, and an act of the 
General Assembly of the State of Tennessee amendatory thereof, 
approved April 14, 1903, and the Constitution and other statutes 
of said State in such cases made and provided, and ordinances 
and proceedings of said City of Memphis duly passed, had and 
taken in due time, form and manner as required by law. Bonds 
numbered 1 to 2000, both inclusive, are payable May 1, 1938. 
Fifty thousand dollars of said bonds, numbers 2001 to 2050, both 
inclusive, are payable May 1, 1904, that next fifty thousand dollars 
of said bonds numbered 2051 to 2100, both inclusive, are payable 
May 1, 1905; and so on, fifty thousand dollars each year of the 


next succeeding numbers to and including bond number 3500. 


The said City of Memphis, acting under and pursuant to the 
Constitution and statutes of said State, and the ordinances and 


proceedings of said city, has made a mortgage to the Memphis 


Maturity of 


bonds. 


Mortgage 


of plant, | 


property, 


etc. 


704 


CITY ORDINANCES. 


WATER BONDS. 


How princi- 


pal and in- 


terest regis- 


tered. 


Trustees’ 
certificates. 


''rust Company, a corporation organized and existing under the 
laws of the State of Tennessee, as trustee, and being such a 
trustee as is required by said act approved April 14, 1903, upon 
its waterworks plant, property, franchises and revenues, to 
which mortgage reference is hereby made for a description ot 
the property, rights and franchises mortgaged, and the nature 
and extent of the security and rights of holders of bonds under 
the same and the terms and conditions under which said bonds 
are issued and secured. If default shall be made in the pay- 
ment of the interest on this bond, or in the performance of cer- 
tain covenants and agreements in the said mortgage, then the 
principal of this bond may become due and payable on the con- 
ditions and in the manner and at the times provided in said 


mortgage. 


Both principal and interest of this bond may be registered, 
in which event all unmatured coupons on this bond shall be cut 
off and canceled by the Secretary of said city, and the name 
of the registered owner of this bond be placed in the registra- 
tion clause on the back of this bond, together with the signa- 
ture of the Secretary of said city, and thereafter both principal 
and interest of this bond shall be payable to such registered 
owner or to his legal representatives or assigns, and this bona 
shall thereafter be transferable from time to time only by the 
registered owner in person or by attorneys upon the books of 


the Secretary of said city. 


This bond shall not be valid or obligatory for any purpose 
until it shall have been authenticated by the certificates of the 


said trustee, or its successor in said trust, indorsed hereon. 


It is hereby certified, recited and declared that all acts, con- 
ditions and things required to exist, happen and be performed 
precedent to and in the issuance of this bond have existed, hap- 


pened and been performed in full and strict compliance with the 


CITY ORDINANCES. 705 


WATER BONDS. 
Constitution and statutes of the State of Tennessee and the ordi- 
rances of the said city, and that the amount of this bond, to- 
gether with all other indebtedness of said city, does not exceed 
any limit prescribed by the Constitution or statutes of said State, 
and the faith and credit of the City of Memphis are hereby 
pledged for the full and punctual payment of Pie interest and 


principal of this bond. 


In witness whereof, the said City of Memphis has caused this 
bond to be signed by its Mayor and its corporate seal to be hereto 
affixed, attested by its Secretary, and the interest coupons hereto 
attached to bear the lithographed signature of its Secretary, and 


this bond to be dated May 1, 1903. 


TIE eras ia id pho cea en bee 6 8 , City Secretary. 


FORM OF COUPON. 


St SS $20. 

The City of Memphis, Tennessee, will pay to bearer twenty 
dollars at the office of the Memphis Trust Company, in said city, 
or, at the option of the holder hereof, at the office of the United 
States Mortgage & Trust Company, in the City and State of New 
York, on the first day of November, 19.., being six months’ inter- 
MT ORES LOT OT or so. aes nis oso Se wiv ld ee RIVE AY gi coe etallav age’ 

Memphis Water Bond dated May 1, 1903. No.............. 

Sect octane aio hee ee , City Secretary. 


706 


CITY ORDINANCES. 


WATER BONDS. 


Bonds to be 
deposited 
with Trustee. 


Bonds 
certified. . 


FORM FOR REGISTRATION. 


Notice.—No writing on this bond except by an officer of the 
City: 


Date of | 


Registration | Name of Registered Owner | City Secretary 


FORM OF TRUSTEE’S CERTIFICATE. 

It is hereby certified that this bond is one of the series of bonds 
mentioned and described in the mortgage or deed of trust within 
referred to. 

MEMPHIS TRUST COMPANY, Trustee. 
BY. Oo es 22 Ge eee , President. 


Upon the execution of this indenture, all of the said $3,500,000 
of bonds shall be lithographed and executed on the part of the 
City of Memphis, as in this indenture provided, and deposited 
with the trustee to be certified and delivered by said. trustee from 


time to time pursuant to the provisions of this mortgage. 


In case any of the officers of the city who shall have signed 
and sealed any of the bonds intended to be secured by this in- 
denture shall cease to be such officers before the bond or bonds 
so signed and sealed shall have been actually issued, certified 
and delivered by the trustee, such bond or bonds may neverthe- 
less be issued, certified and delivered, subject to the provisions 
of this indenture, as though the persons who signed and sealed 
said bond or bonds had not ceased to be officers of the city, and 
the coupons of any bonds may be used, notwithstanding the fact 


that the person or persons whose signatures appear on such 


CITY ORDINANCES. 


707 


WATER BONDS. 


coupons may have ceased to be officers of the city at the time 
when such bonds shall be actually certified and delivered. Be- 
fore certifying or delivering any bond, all the coupons thereon 
then matured shall be cut off, canceled and delivered to the City 


ef Memphis. 


LI 


It is understood and agreed that the foregoing conveyance is 
made and executed by the party of the first part, pursuant to 


the Acts of the General Assembly of the State of Tennessee 


hereinbefore referred to and recited, and the ordinance of the 


City of Memphis adopted and passed on the 9th day of May, 1903, 
and in accordance therewith, for the equal and pro rata benefit 
and security of all of the holders of any of the above mentioned 
bonds and coupons hereby secured without any preference or 
priority of one bond over another, regardless of the time of the 


issue, negotiation or maturity thereof. 


It is understood, however, that bonds of the issue herein pro- 
vided for, numbered from 2001 to 3250, inclusive, amounting to 
$1,250,000, shall be placed in the hands of the Memphis Trust 
Company and held by it in trust for the purpose of providing 
for the purchase or acquisition of certain bonds heretofore issued 
‘by the Artesian Water Company, as herein provided, to the 
amount of $1,250,000, maturing on the first day of January, 1909, 
and secured by its two trust deeds, covering, in part, the prop- 
erty hereby conveyed, as said trust deeds appear by record in the 
office of the Register of Shelby County, in Book 195, page 114, 
and in Book 270, page 314, respectively. No part of the bonds 
s0 placed in the hands of the said Memphis Trust Company, and 
numbered as aforesaid, shall be used for any purpose except for 
purchasing or acquiring said outstanding bonds of the Artesian 
Water Company, or in exchange for the same until all of said 


Londs shall have been purchased or acquired. 


Bonds issued’ 
without 
preference or 
priority of 
time of issue. 


Bonds in 
trust for 
purchase of 
other bonds. 


708 


CITY ORDINANCES. 


WATER BONDS. 


Bonds to be 
certified for 
further im- 
provements. 


Should it become necessary, in purchasing or acquiring said 
outstanding issues of bonds of the Artesian Water Company, to 
use a larger amount of the bonds hereby secured than those here- 
jinbefore specified in this clause, to-wit: Numbers 2001 to 3250, 
inclusive, such additional amount of the bonds hereby secured 
may be used for this purpose, from Bond No. 3251 to Bond No. 
3300, both inclusive; provided, however, that such exchange otf 
bonds shall result in a net saving of interest to the party of the 
first part upon the basis of the then market value of the re- 
spective issue of bonds. The said Memphis Trust Company is 
hereby expressly authorized to use any part of the bonds, from 
Nos. 2001 to 3300, inclusive, in purchasing on the open market 
any of the outstanding bonds of the Artesian Water Company 
before their maturity, provided that such purchase shall result 


in a net saving of interest, as hereinbefore directed. 


It is further understood and agreed that Bonds Nos. 1251 to 
2000, inclusive, and Nos. 3251 to 3500, inclusive (unless Bonds 
Nos. 3251 to 3300, or part thereof, shall be used as provided in 
the foregoing paragraph, and in that event Bonds Nos. 1251 to 
2000 and Bonds Nos. 3300 to 3500, inclusive, and such part of 
Bonds Nos. 3251 to 3300 as are not used in exchange, as afore- 
said), shall be placed in the hands of the Memphis Trust Com- 
pany, to be certified and delivered to the party of the first part. 
at such time or times and in such amounts as may, in the dis- 
cretion of the said Memphis Trust Company, be deemed neces- 
sary and judicious for making further expenditures for perma- 
nent improvements on or additions to the waterworks plant and 
property of the said party of the first part. Such certification 
and delivery shall be made at such times and in such amounts 
as may be required by the Legislative Council of the City of 
Memphis; provided, however, that the trustee herein named con- 
curs with said Council in the necessity for such further expendi- 


tures, improvements or additions. 


CITY ORDINANCES. 


709 


WATER BONDS. 


The necessity for the expenditures, improvements and addi- 
tions hereinbefore referred to, and the actual cash cost of the 
same, shall be made to appear to the satisfaction of the Memphis 
Trust Company from a certificate of such competent engineer as 
it may see proper to appoint, and from a resolution of the City 
Council, together with a report, so far as the Memphis Trust 


Company is concerned, to be borne by said company. 


It is further expressly agreed and provided, anything herein 
to the contrary notwithstanding, that all such bonds of the said 
Artesian Water Company, which have been purchased or acquired 
as_aforesaid, shall be delivered to the trustee under this indenture 
at the time of the certification and delivery by the trustee ot 
the bonds secured hereby which are used to purchase or acquire 
the said bonds of the said Artesian Water Company, and the 
trustee of this indenture shall stand possessed of the said Arte- 
sian Water Company bonds so delivered to it (which bonds 
and each coupon thereof shall be stamped or marked with a ref- 
erence to this trust) for the protection and further security of 
the trustee’s title to the property and premises comprised in this 
mortgage, but shall never enforce payment of any of said Arte- 
sian Water Company’s bonds or coupons thereof against the said 
City of Memphis or institute or carry on any proceedings for 
enforcing against the property or premises comprised in and 
subject to the trusts of the mortgage securing said Artesian 
Water Company’s bonds, so delivered to the trustee, any rights 
or claims that it may have in respect for the purpose of pro- 
tecting or securing its title, rights and liens to the same prop- 
erty or premises, and shall hold any title, rights, liens, moneys 
and property that it may have, acquire or be entitled to by 
means of any sale, foreclosure or other proceedings for enforc- 
ing either of said Artesian Water Company’s mortgages or deeds 
of trust upon the trusts declared in this indenture concerning 


the property and premises hereby granted. If, at any time, the 


Necessity for 
expenditures 
made to 
appear. 


Bonds deliy- 
ered to 
Trustee. 


710 


CITY ORDINANCES. 


WATER BONDS. 


Trustee sub- 
rogated to 
rights of 
vendor. 


Not to im- 
pair existing 
obligations 
of city. 


trustee shall become possessed of all the bonds issued under 
two trust deeds of the Artesian Water Company, the said trus- 
tee may, in its discretion, cancel the same and cause the trust 
deeds securing the same to be satisfied of record; but the trustee 
in this indenture shall, notwithstanding such a cancellation and 
satisfaction, be and remain subrogated to all the rights, liens 
and equities of the holders of the said bonds of the said Arte- 
sian Water Company secured by the said two trust deeds as 
fully as if the said bonds had not been canceled and the said ' 


trust deeds satisfied of record. 


It is further agreed between the parties to this indenture aa 
by and for the benefit of each and every person or corporation 
who may at any time become the purchaser or holder of any of 
the bonds or coupons secured by this mortgage, that, inasmuch 
as the purchase price of the property of the said Artesian Water 
Company by the City of Memphis has been, or is to be, fur- 
nished by the purchasers of the bonds secured by this mort- 
gage, that the trustee in this indenture, for the equal benefit 
of all persons, firms or corporations who may at any time 
become the purchasers or holders of the bonds or coupons Se- 
cured by this mortgage shall, ipso facto, stand subrogated to all 
the rights, liens and equities of the said vendor of the said 
ropen in respect to the purchase price thereof, as fully as 
if the said vendor had reserved, in express terms, a lien, ahd 
had assigned the same to the trustee in this indenture for the 


benefit of the holders of the bonds secured hereby. 


It is further likewise agreed that nothing in the ordinance 
authorizing the execution of said bonds, or in the said bonds, 
and this mortgage securing the same, shall be held to impair 
the obligation of any existing bonds or obligations of the City 
of Memphis at any time heretofore issued under the charter of 


the said city, or under any other act of the General Assembly 


CITY ORDINANCES. 


711 


WATER BONDS. 


otf Tennessee, but the rights of the holders of such bonds and 
obligations to collect and enforce the payment of such bonds 
and obligations shall remain unimpaired, as fully as if the said 
ordinance had not been passed and the said bonds and this mort- 


gage had not been made and executed. 


Its 


During the continuation and existence of this trust the City 
of Memphis, party of the first part, hereby undertakes and agrees 
to and with the said party of the second part and each bond- 
holder secured hereby: First, that it will promptly pay and dis- 
charge at maturity the interest accruing on said bonds, accord- 
ing to the tenor and effect of the coupons or interest warrants 
fieveto attached, and will pay the bonds at maturity. Second, 
that it. will pay all taxes, charges and assessments which may 
be lawfully assessed against the property hereby conveyed, or 
any part thereof. Third, that it will maintain and carry policies 
of fire insurance on the property herein embraced to the extent 
of reasonable insurance value in some fire insurance company or 
companies to be approved by the Memphis Trust Company, such 
policies being payable to the Memphis Trust Company, as trus- 
tee, as its interest may appear, and being deposited with it as 
further security for the holders of the bonds and coupons secured 
by this deed. Fourth, that it will protect such property from 
all liens, charges or incumbrances of any kind whereby the 
indemnity and security hereby given for the protection of the 
holders of such bonds and coupons might, or could in any man- 
ner be lessened or impaired. Fifth, that it will, whenever re- 
quired by the Memphis Trust Company, execute, acknowledge 
and deliver, or cause to be executed, acknowledged and delivered 
all and every such further act, deed, transfer and assurance for 
the better assuring, conveying and confirming unto the trustee, 
all and singular the premises, assets and property hereby con- 


veyed or intended so to be, as it shall reasonably require for 


To pay ~ 
interest, 


taxes, 


etc. 


712 


CITY ORDINANCES. 


WATER BONDS. 


better accomplishing the provisions and purposes of this instru- 
ment, and for securing payment of the principal and interest of 

said bonds and coupons hereby intended to be secured. Sixth, | 
that it will not issue, negotiate, sell or dispose of any bond hereby 
secured, in any manner other than in accordance with the pro- 
visions of this instrument and the agreements in this behalr 
herein contained. Seventh, that it will not voluntarily create, or 
suffer to be created, any lien or charge having priority to or 
preference over the lien of this instrument upon the mortgaged 
preriises of any part thereof, or upon the tolls, income or reve- 
nue of the same, and within sixty days after the same shall 
accrue or be adjudged a valid claim or claims, will pay or cause 
to be discharged, or make adequate provision for the satistfac- 
tion or discharge of all lawful claims and demands of mechanics, 
laborers and others, which, if unpaid, might by law be given 
precedence to this instrument as a lien upon the mortgaged 
premises, or any part thereof, or of the income or revenue of the 
same. Highth, that it will promptly pay and discharge all taxes, 
assessments and charges lawfully imposed on the property at 
any time subject to the lien thereof, or upon any part thereof, 
or upon any of the income or profits of the same, the lien of 
which would be prior to the lien of this instrument, so that the 
priority of this instrument shall be fully preserved in respect 
to such properties; provided, however, that nothing herein con- 
tained shall require the party of the first part to pay any such- 
tax, assessment or charge so long as it may, in good faith, con- 
test the validity thereof. Ninth, that it will carry on and con- 
duct, or cause to be carried on and conducted, the duty hereby 
assumed in connection with the ownership of its waterworks 
plant, of furnishing to the City of Memphis and to its inhabi- 
tants a full, ample and adequate supply of pure and wholesome 
water, and will keep all the buildings, improvements, plants, fix- 


tures, machinery and all other property covered by this indenture 


CITY ORDINANCES. 


713 


WATER BONDS. 


in good repair and condition, and will, from time to time, make 
all needful repairs, renewals and replacements, so that the busi- 
ness of its waterworks plant shall at all times be properly and 


in good faith carried on. 


The said party of the first part covenants and agrees further 
that, should any loss at any time be sustained, covered by poli- 
cies of insurance as hereinbefore required, said Memphis Trust 
Company shall have the right to collect and receive any and all 
ineney which may thereby become collectable or receivable upon 
each and every such policy of insurance, by reason of any dam- 
ages or destruction of the buildings, improvements, fixtures or 
machinery so insured, and shall disburse the same in repairing, 
rebuilding or replacing such buildings, improvements, fixtures 
and machinery; provided, however, that the same may, at the 
written request of the party of the first part, when approved 
by the Memphis Trust Company, be applied by it, at its discre- 
tion, in the purchase for the party of the first part of other 
suitable property of equal value, which, however, shall forthwith, 
by proper instrument or instruments of conveyance, be made 
subject to the lien of this mortgage or deed of trust, free from 
any incumbrance or lien prior to this instrument, and, provided, 
furthermore, that,-in the event such sum or sums so realized 
from insurance are insufficient to repair, rebuild or replace such 
buildings, improvements, fixtures or machinery, the party ot 
the first part shall, and will, forthwith pay and discharge any 
deficiency, and completely. repair, rebuild or replace such build- 


ings, improvements, fixtures and machinery. 


It is the duty of the party of the first part, however, and not 
of the Memphis Trust Company, to procure and renew the insur- 
ance provided for in this instrument, and it is likewise the duty 
of the party of the first part, and not of the Memphis Trust Com- 
pany, to repair, rebuild and replace any buildings, improvements, 


fixtures or machinery, in the event of damage or destruction 


Loss sus- 
tained. 


Insurance. 


Duty oi 
party to 
replace 

erty de- 
stroyed. 


first 


prop- 


714 


CITY ORDINANCES. 


WATER BONDS. 


Default in 
payment of 
interest or 
principal. 


thereof by fire or other casualty covered by insurance, and the 
party of the first part shall cause the same to be repaired, rebuilt 
or replaced in the same condition as before the happening of 
such fire or casualty, according to the plans and specifications 
to be approved in writing by the Memphis Trust Company, if 
the party of the first part desires to rebuild or replace the same 
with different improvements or upon different plans and speci- 


fications than those of the property injured or destroyed. 


The Memphis Trust Company shall retain all moneys so re- 
ceived from policies of insurance as security for the due per- 
formance by the party of the first part of the covenants herein 
contained, to repair, rebuild or replace, and pay the same out 
only upon due certification by an architect or achitects to be 
approved in writing by the Memphis Trust Company, that the. 
party of the first part has duly repaired, rebuilt or replace said 
property which may be so damaged or destroyed by any cause 


or casualty as aforesaid. 


LV: 

Until default is made in the payment of the interest or prin- 
cipal of the bonds above mentioned, secured hereby, or in the 
payment of the interest or principal of the bonds of the Artesian 
Water Company asauraed by the party of the first part, or in 
the performance of the covenants and agreements herein set 
forth, the City of Memphis, party of the first part, is to have 
full possession, control or management of the property, privi- 
leges and franchises herein mentioned, and all the income, rents. 
and profits thereof, and shall have the right, from time to time, 
to dispose of such parts and portions of the equipment and fix-: 
tures at any time held and used by it in connection with such 
properties as may become unfit for use, provided, always, that 
the same be replaced by new equipment or fixtures of at least 
equal value, which shall then be subjected to the operation of 


this deed. 


CITY ORDINANCES. 


715 


WATER BONDS. 


But it is understood and agreed that in the management and 
operation of the plant, fixtures and property embraced in this 
instrument, the party of the first part shall so fix the water 
rates a rental, and otherwise regulate the revenue and expenses 
of the plent, as to defray all expense of maintenance and opera- 
tion, and pay all accruing interest on the bonds hereby secured 
and the principal of the serial bonds, which mature in successive 
installments of fifty bonds, as fully herein referred to and de- 
scribed, and no legislative ordinance, or other provision pro- 
viding for the necessary revenue for such maintenance and oper- 
ation, and for the payment of such principal and interest from 
any other source, shall be held or construed as an abridgement 
or release of the full measure of the obligation hereby imposed 
on the said party of the first part to raise such revenue from 
the rentals of the plant, and shall be held and construed only 


as a cumulative or ancillary source of revenue. 


It is further covenanted, agreed and understood that, during 
the existence of this trust, all of the proceeds of bonds sold 
under the authority of this instrument, and all water rates and 
rentals, income and revenue of the water plant and property 
described in and conveyed by this instrument, and from other 
sources of income derived from said property, shall be deposited 
as received or collected in the hands of the Memphis Trust Com- 
pany, to be drawn out only upon the order of the duly authorized 
officer of the city and pursuant to law, ordinance and this in- 
denture, and shall be applied to no other use or purpose than 
for the use and benefit of the said water plant property, in 
the manner provided by law and ordinance and by this inden- 
ture, or for the payment of the bonds and coupons hereby se- 


cured. 


V. 
Should the party of the first part promptly pay and discharge 


the interest accruing on the bonds hereby secured as the same 


City to 


regulate the 
revenues and 


expenses of 
plant. 


Proceeds 
from sale 
of bonds, 


ete. 


716 


CITY ORDINANCES. 


WATER BONDS. 


Mortgage 
discharged 
—when. 


Default in 

payment of 
interest on 
bonds. 


falls due, as evidenced by the coupons thereto attached, pay the 
principal of said bonds at maturity, and provide for the pay- 
ment of the principal and interest of the bonds, as set forth in 
the fourth clause of this instrument, and otherwise do and per- 
form all of the undertakings and agreements herein specified, 
necorine to the true tenor oan effect thereof, then, and in that 
event, all of the interest, property and estate hereby granted and 
conveyed to the party of the second part shall cease and deter- 
mine, and the right and title of all of said property hereby 
eranted and conveyed, or intended to be conveyed, shall revert 
to and vest in the party of the first part, its successors or as- 
signs, without any acknowledgment of satisfaction, reconveyance, 
surrender, re-entry or other act, but the parties of the second 
part shall, nevertheless, cancel this mortgage by proper instru- 


ment of record, at the cost of the party of the first part. 


Vid. 


If, after demand made, the City of Memphis shall make default 
or neglect or refuse to pay any interest upon any of the bonds 
secured hereby, or shall fail, after demand made, to keep or per- 
form any of the covenants or stipulations in this indenture on 
its part to be kept and performed, and if such default shall con- 
tinue for a period of ninety days after such demand, then, and 
in any of such events, the trustee may, and on the written re- 
quest of the holders of not less than 25 per cent. in amount otf 
the bonds issued under this mortgage and then outstanding, 
shall, by notice in writing addressed to the Mayor or other chief 
executive officer of the said City of Memphis, declare the entire 
principal sum of the bonds secured by this mortgage and then 
outstanding, with all arrearage of interest then due thereon, im- 
mediately due and payable, and, upon such service of said notice 
by the trustee, the entire amount of principal and interest of 
said bonds so outstanding shall become due and payable imme- 


diately thereafter, although the period limited in this mortgage 


CITY ORDINANCES. 


717 


WATER BONDS. 


or in said bonds for the payment thereof may not then have 


expired. 


And, upon any such default on the part of the City of Mem- 
phis, continuing for ninety days as aforesaid, whether the prin- 
cipal sum of the bonds secured by this mortgage has been de- 
clared due or not, the trustee in this mortgage may at once take 
charge of and assume the entire control and management of all 
the property, rights and franchises hereby conveyed, without the 
necessity for any legal action or procedure, said party of the 
first part hereby agreeing and binding itself to surrender such 
property, rights and franchises upon demand made, under the 
conditions above set forth. Upon the assumption of such man- 
agement or control, the said Memphis Trust Company shall pro- 
ceed to operate the property hereby conveyed, collecting the water 
rentals, paying expenses, and applying the net revenues to the 
payment of the bonds and coupons which may be in arrear, or 
which may mature during the time of such management, prefer- 
ence in payment being accorded to such bonds or coupons as 
may be earliest in times of delinquency. During the time that 
such plan and property remains under the management, and 
in the possession of, the Memphis Trust Company, the party 
of the first part obligates to pay a sum of not less than fifty-five 
thousand ($55,000) dollars per annum for hydrant rentals used 
for city purposes, and an additional rental of two and two-tenths 
(2.2) per cent. on all bonds which may be outstanding over and 
above twenty-five hundred thousand ($2,500,000) dollars, said 
payments to be made quarterly on the first days of January, 


April, July and October of each year, as hereinbefore provided. 


If the City of Memphis shall be in default in the payment of 
the principal of said bonds, either when all the said bonds have 
become due or after the principal of all said bonds shall be 


declared due and payable, as aforesaid, then the said Memphis 


Sale of 
property 
under mort- 
gage. 


718 


CITY ORDINANCES. 


WATER BONDS. 


Rights ot 
holder of 
bonds 


Trust Company, after giving public notice for sixty days in a 
newspaper published in Memphis, Tennessee, Chicago, Illinois, 
end the City of New York, of the time, terms and place of sale, 
together with a description of the property to be sold, and such 
other Parone ian as may, in its discretion, be conducive to the 
interests of all parties concerned, shall proceed to sell at public 
auction to the highest bidder for cash, all the property, rights 
and franchises herein described, execute proper conveyances to 
the purchaser, receive and receipt for the purchase money, and 


otherwise do and perform any and all acts necessary and proper 


for the complete execution and foreclosure of this trust. The 


place of sale shall be some point in the City of Memphis, Ten- 


nessee, to be designated in such advertisements. 


The ‘sale herein contemplated and provided for shall be made 


of the entire property as a whole, and not in parcels, unless the 


Viemphis Trust Company should deem it for the interest of the i 


holders of the bonds and coupons to sell in separate lots, the 
said party of the first part hereby waiving such right as it may 
have under the laws of Tennessee, or otherwise, to demand the 
sale of the property in lots or parcels. The recitals of such deed 
or deeds as may be made in pursuance of the sale hereby pro- 
vided for shall be conclusive, so far as the title acquired by the 
purchaser is concerned, nor shall he or they be required to look 


to the application of the purchase money. 


It is further understood and agreed by and between the party 
of the first part and the party of the second part, and every 
holder of bonds secured by this indenture, that any purchaser at 
any foreclosure sale under this indenture shall, among other 
things, be seized and possessed of an indefeasible estate, right, 
title and interest in and to all of the property, rights, franchises, 
contracts, obligations of the City of eMenm pire and immunities 


of every kind and description mentioned, described or referred 


CITY ORDINANCES. 


719 


WATER BONDS. 


to in the granting clauses of this indenture, as fully as if the 


same were here repeated at large. 


VIT- 


In the event of the failure of the party of the first part to 
keep the property hereby conveyed insured, to make such repairs, 
or to pay such expenses as may be necessary and proper in the 
judgment of the Memphis Trust Company to maintain such 
property in good condition, then the said Memphis Trust Com- 
pany, or the owners or holders of the bonds and coupons hereby 
secured, may, in such default as to insurance, immediately have 
' the property properly insured, and in such other default as 
above herein set out, may make said repairs and pay said ex- 
penses, provided, the party of the first part has, in these respects, 
continued in default for ninety days, after having received 
written notice from the Memphis Trust Company of the necessity 
for such repairs or the payment of such expenses, and the money 
paid hereunder for such insurance, or for such repairs and ex- 
penses, by the said Memphis Trust Company, or said owners or 
holders of said bonds and coupons hereunder, shall be held and 
deemed a part of the expenses of the administration of the 
trust, and be secured by the provisions of this trust, and repaid, 


with interest, out of the proceeds of sale. 


Vil: 


Should a sale be made under the terms and provisions of this 
instrument or by a decree of foreclosure or other method, the 


Lroceeds shall be applied as follows: 


First—To the costs and expenses of the administration of the 
trust, including the reasonable compensation of counsel for ser- 
vices rendered in the course of foreclosure proceedings, and any 
expenses or disbursements incurred or made in or about the 


care and management of the property; compensation to the 


Failure to 
insure, 


Proceeds of 
sale—how 
applied. 


720 


CITY ORDINANCES. 


WATER BONDS. 


Memphis Trust Company, which said compensation shall be such 
sum as may be reasonable and proper, and any other legitimate 


and proper expenses incident to the administration of the trust. 


Second—To the payment and discharge of the entire Ree ot 
the bonds hereby secured remaining unpaid, and of such coupons 
as may be past due, together with interest at the rate of 6 per 
cent. upon such past due coupons, and also interest upon all 
unpaid bonds from the date of maturity of the last unpaid cou- 
pon to the date of the distribution of the funds as herein pro- 
vided for. Should the sum realized by distribution be insufficient 
to pay all bonds and coupons with accrued interest, then the dis- 
tribution shall be made equally for the payment of all bonds, 
past due coupons, and interest thereon, and accrued interest on 
unpaid bonds from the date of the maturity of the last unpaid 


coupons to the date of the distribution of the funds. 


Third—After the above payments have been made, the balance, 
if any, shall be paid to the party of the first part, its successors 


or assigns. 


IX. 

In the event of a sale made under any of the provisions of this 
instrument, or by decree of any court of competent jurisdiction, 
said party of the first part expressly waives all right or equity of 
redemption and agrees that the title of the purchaser shall be 


absolute. 


ahs 


In the administration of this trust, the trustee may employ 
such officers or agents aS may be necessary, their compensation 
10 be considered and paid as a part of the expenses of such admin- 
istration, but the trustee shall not be responsible for the acts of 
such officers and agents except in the case of gross negligence in 


their selection. 


CITY ORDINANCES. 


hea 


WATER BONDS. 


XI. 
Whenever the words Trustee or Memphis Trust Company are 
used or referred to in this indenture or in the bonds hereby se- 
cured, such werds shall be held to include and mean the Trustee 


ior the time being under the terms of this instrument. 


Any Trustee hereunder may at any time resign from the 
trust by notice in writing, mailed and properly addressed to the 
Mayor or other chief executive officer of the City of Memphis, 
and to all such bondholders as may be known to such Trustee 
to be bondholders, at least sixty days before such resignation 


shall take effect. 


If the holders of a majority in amount of the outstanding 
bonds intended to be secured by this indenture shall become 
dissatisfied with any Trustee, they may remove it by an instru- 
ment in writing under their hands and seals, acknowledged in 
the same manner as deeds and before some officer authorized by 
law to take acknowledgments of deeds to be recorded in Ten- 
nessee, and may by the same instruments in writing appoint a 


pew Trustee. 


In case of the resignation or inability to act of the Trustee, 
or of its removal by the bondholders, or in case of the Trustee 
ceasing in any other manner to be a Trustee, a new Trustee 
shall be appointed, and any vacancy in the office of the Trustee 
occasioned by resignation, inability to act, removal or in any 
other manner, may be filled by an instrument in writing by a 
majority of the bondholders as above provided, or by the holders 
of a majority in amount of the then outstanding bonds present 
or represented at a meeting of the holders of said bonds called 
by the holders of not less than five per Cent. in amount of the 
then outstanding bonds, or called by the Mayor or other execu- 
tive officer of the City of Memphis, of the time and place of 


which meeting public notice shall be given for thirty days prior 


Definition. 


May remove 
Trustee. 


Resignation 
or removal 
of Trustee— 
low filled. 


722 


CITY ORDINANCES. 


WATER BONDS. 


New 


Trustee. 


thereto by publication of the time, place and purpode of such / 
meeting once each week for four consecutive weeks in fa 
daily newspapers of general circulation, one published in the 
said City of Memphis and the other in the City of New York, 
State of New York, and at such meeting the holders of a major: 
ity in amount of said bonds then outstanding and present or 
represented at such meeting, voting in person or by proxy, may 
by an instrument in writing showing the amount of bonds én 
resented at such meeting and the amount thereof voting, appoint 
a new Trustee to fill such vacancy or remove the then Trustee 
and appoint a new Trustee, as the case may be, and such instru- 
ment in writing shall bear the signatures and seals of the bond- 
holders or their proxies so voting and be acknowledged by 


them in the same manner as deeds to be recorded in Tennessee. 


Any such instrument in writing by a majority of the bond- 
holders removing a Trustee and appointing a new Trustee, or 
any such ‘instrument so signed, sealed and acknowledged of any 
action as aforesaid, at any meeting of bondholders, and with 
affidavits attached thereto of the publication of such notices, 
shall be delivered to the Trustee so appointed, and upon the 
filing of the same for record in the office of the Register of | 
Deeds in and for Shelby County, Tennessee, together with the 
written acceptance of such office by the new Trustee so ap- 
pointed, the new Trustee so appointed shall, while he or it con- 
tinues as such, be as fully vested with all the estate, property, 
rights and powers granted by this indenture to such Trustee, 
as if this indenture had in the first place been executed and 
delivered to such new Trustee as Trustee hereunder; provedees 
however, that any other and further conveyance or assurance 
which may be necessary or proper for the better vesting of the 
mortgage title in any new Trustee shall be made both by the 


said City of Memphis and the Trustee, or by either of them. 


CITY ORDINANCES. (20 


WATER BO 


A 
ww 


DS. 


Should any vacancy in the Trusteeship not be filled by a ma- 
jority of the bondholders by instrument in writing, as above 
rrovided, or should any such meeting have been called to fill a 
vacancy occasioned by the resignation or inability to act of the 
then Trustee, or by the removal of the then Trustee by any 
court of competent jurisdiction, or otherwise, and at such meet- 
ing the holders of a majority in amount of such bonds present or 
represented shall not, as aforesaid, fill such vacancy, then the 
Legislative Council of the City of Memphis may at any regular 
meeting fill such vacancy and appoint a new Trustee by an 
instrument in writing executed by the Mayor or other chief 
executive officer of such city under its corporate seal, and upon 
the delivery thereof to such new Trustee and the filing for record 
thereof as aforesaid, with the affidavits of the publication of the 
notice of such meeting of the bondholders, and the acceptance of 
the trust by the new Trustee, the new Trustee so appointed shall 
in like manner, while he or it continues as such Trustee, be as 
fully vested with all the estate, property, rights, powers, and 
duties granted to the Trustee by his indenture as if this inden- 
ture had in the first place been executed and delivered to such 
new Trustee as Trustee hereunder; provided, however, that any 
other and further conveyance or assurance which may be neces- 
Sary or proper for the better vesting of the property and title in 
any new Trustee shall be made by both the said City of Memphis 


and the Trustee, or by either of them. 


In witness whereof, said City of Memphis has caused these 
presents to be signed by its Mayor and its corporate seal to be 
hereto affixed, attested by its Secretary, and the Memphis Trust 
Company has signed and sealed the same in evidence of its 


acceptance of the trusts hereby created, and the parties hereto 


724 CITY ORDINANCES. 


WATER BONDS. 


have caused this indenture to be dated the first day of May, 
1903, this instrument being executed in duplicate. | 


CITY OF MEMPHIS, 


Signed, sealed and delivered in the presence of the under- 
signed, who have acted as subscribing witnesses at the request 
of said City of Memphis. 

(Corporate Seal.) 


e 2-00 © © © © «00 © 0 9 © © «ee © © @.'e oe le © \s V0 


ew © lg 0) 0.0 © 0 © © \¢ © 6 une 0). 61:0 8 © \0. ef el fen e 


AUtOStr re 
City Secretary. 


MEMPHIS TRUST COMPANY, 
BY .5is 22 eee President. 
Signed, sealed and delivered in the presence of the under- 
signed, who have acted as subscribing witnesses of the Memphis 
Trust Company. 
(Seal.) 


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BETO SU eS CRS a i ene Pree Ca. 


Its Secretary. 


STATE OF TENNESSEE, 

SHELBY COUNTY. 

Berore™ Mest. eww ea chee SO ee ee , a Notary Public in 
and for said State and County, personally appeared J. J. Williams, 
with whom I am personally acquainted, and who, upon oath, ac- 
knowledged himself to be the Mayor of the City of Memphis, the 
\"ithin named bargainor, a corporation, and that he as such 


Mayor, being authorized so to do, executed the foregoing instru- 


CITY ORDINANCES. 


7 


25° 


WATER BONDS. 


ment for the purposes therein contained, by signing the name 
of the City of Memphis, by himself as Mayor. 


Witness my hand and seal of office at Memphis, Tenn., this 


Notary Public. 


. TATE OF TENNESSEE, 

SHELBY COUNTY. 

RISEN Ae at gs Sony ae, Uae aisle a 6 ae os , a Notary Public in 
and for said State and County, personally appeared W. B. Armour, 


with whom I am personally acquainted, and who, upon oath, 


acknowledged himself to be the Secretary of the City of Memphis,. 


the within named bargainor, a corporation, and that he as such 
Secretary of the City of Memphis, being authorized so to do, 
executed the foregoing instrument for the purposes therein con- 
tained, by signing the name of the City of Memphis, by himselt 
as Secretary of the City of Memphis. 


a4, 60 6.6). @ 6 fe! ©) O1 er 6 a sp ai. a « een 0 (9) 6 '¢ 


Notary Public. 


STATE OF TENNESSEE, 

SHELBY COUNTY. 

EME MELT SNE A tox Giles 0%) sx avins es Sata ea 3348 0 She , a Notary Public in 
and for the State and County aforesaid, personally appeared J. 
T. Fargason, with whom I am personally acquainted, and who,. 
upon oath, acknowledged himself to be the President of the 
Memphis Trust Company, the within named bargainor, a cor- 


poration, and that he as such President, being authorized so to: 


726 


CITY ORDINANCES. 


WATER BONDS. 


Bonds to 
‘be deposited 


with 


Trustee. 


do, executed the foregoing instrument for the purposes therein 
contained, by signing the name of the corporation, the Memphis 


Trust Company, by himself as President. 


© 0 0 6 6 0 oe 6 8 6m 8) B06. 6 6) 6. 0. Use) «| (6) 6 ere 


Notary Public. 
STATE OF TFNNESSEE, 

SHELBY COUNTY. 

Before?me,” oh. oi a ee ee eee , a Notary Public in 
and for said State and County, personally appeared W. R. 
Stewart, with whom I am personally acquainted, and who, upon 
oath, acknowledged himself to be the Secretary of the Memphis 
Trust Company, the within bargainor, a corporation, and that he 
as such Secretary, being authorized so to do, executed the fore- 
going instrument for the purposes therein contained, by signing 
the name of the corporation, the Memphis Trust Company, by 


himself as Secretary. 


@ 0 0) 8 ee eee (65s 68S 60 te te) @ Se) © 1e.ue eer 


Notary Public. 


Sec. 1180. That the Mayor and Secretary of the city shall 
cause the 3500 bonds of $1,000 each mentioned in said mortgage 
to be properly lithographed, and when the same have been so 
lithographed they shall be signed by the Mayor and have the 
corporate seal of the city affixed thereto, attested by the city 
Secretary, and said bonds when thus lithographed and executed 
on the part of the city shall be deposited with the Trustee 
uncer the mertgage, to be issued, certified and delivered from 


time to time pursuant. to the provisions of the mortgage, and 


CITY ORDINANCES. 


ii 


of 


WATER BONDS. 


not otherwise. The Mayor and Secretary shall cause notice to 
be given in the manner provided by said act approved April 14, 
1903, of the sale of $1,250,000 of bonds, Numbers 1 to 1250, both 
inclusive. Such sale shall be at public sale only, by and after 
inviting sealed bids by advertisement for eleven consecutive days 
in the Memphis Morning News, the same being the official paper 
of the City of Memphis, and being a daily newspaper published 
in the said city; and the said Mayor and City Secretary are 
also authorized in their discretion to publish for such time or 
times as they may deem proper in such other papers in the City 
of Memphis as they shall determine and also in one or more 
financial papers or newspapers in the City and State of New 
York a notice or notices in brief form of.the sale of said bonds. 
Said bonds shall not be sold below the par or face value thereof, 
free from any sales commissions or brokerage. The right to 
reject any and all bids shall be reserved. The said notice otf 
sale of bonds may also provide that in the event that the highest 
bidder for said bonds shall fail to take the pay for the same at 
the time and place appointed, the said bonds may be awarded 
to the next highest bidder without any readvertisement, and so 
on to the next highest bidder until the said bonds shall have been 


actually paid for. 


The proceeds of the sale of said $1,250,000 bonds shall be paid 
to and received by the Tax Receiver of the City of Memphis, and 
his receipt to the purchaser for the purchase price thereof shall 
be a full acquittance to the said purchaser, and the purchaser 
shall not be bound to see to the application of the purchase 
money. So much of the said proceeds as may be necessary to 
pay the Artesian Water Company the cash payment to be made 
to that company upon the delivery of the conveyance of its 
said water plant and property to the City of Memphis shall be 
paid over by said Tax Receiver on the order of the Mayor of the 


city to the said Artesian Water Company upon the delivery of 


Proceeds of 
the sale of 
bonds. 


728 


CITY ORDINANCES. 


WATER BONDS. 


Preamble. 


the conveyance by said Artesian Water Company to the City of 
Memphis of its water plant and property in such form as shall 
be approved by the Mayor and City Attorney, and when such ccn- 
veyance is received it shall be immediately recorded in the proper 
registry office of the Coan of Shelby, and the possession of the 
said plant shall simultaneously with the delivery of the said deed 
be delivered to the said City of Memphis to be managed and con- 
trolled by the Board of Water Commissioners of said city under 
the laws and ordinances, rules and regulations of the city in (hat 


behalf. 


The Mayor and City Secretary and the Board of Water Con- 
missioners are hereby vested with full power and authority to 
do all acts and execute all papers that may be necessary to 
carry out and complete the transfer and purchase of the said 


water plant and property from the Artesian Water Company. 


Sec. 1181. That all ordinances, and parts of ordinances, in 
conflict with, or inconsistent with, this ordinance be, and the 
same are hereby, repealed, and that this ordinance shall take 


effect from and after its passage." 


NO. 3.* 
RESOLUTION. 

Whereas, Under the terms of the trust deed executed by the 
City of Memphis to the Memphis Trust Company, now Bank of 
Commerce & Trust Company, of date May 1, 1903, conveying to 
said Trust Company, as Trustee, the Artesian Waterworks, for 
the purpose of securing certain bonds therein mentioned, it was 


provided as follows: 


“It is further understood and agreed that bonds Nos. 1,251 to 


z,000, inclusive, and Nos. 3,251 to 3,500, inclusive (unless bonds 


1 Sections 1176 to 1181, inclusive, passed May 9, 1903. 
*For ordinance providing for sale of $250,000 4 per cent. Water Bonds, see ordi- 


nance April 13, 1901, Minute Book E, pages 501, 548, 578. 


729 


WATER BONDS. 


Nos. 3,251 to 3,300, or part thereof, shall be used as provided in 
the foregoing paragraph, and in that event bonds Nos. 1,251 to 
2,000 and bonds Nos. 3,800 to 3,500, inclusive, and such part of 
bonds Nos. 3,251 to 3,300 as are not used in exchange as afore- 
said), shall be placed in the hands of the Memphis Trust Com- 
pany, to be certified and delivered to the party of the first part 
at such time or times and in such amounts as may, in the dis- 
cretion of the said Memphis Trust Company, be deemed neces- 
sary and judicious, for making further expenditures for per- 
manent improvements on or additions to the waterworks plant 
and property of said party of the first part. Such certification 
and delivery shall be made at such times and in such amounts 
as may be required by the Legislative Council of the City of 
Memphis; provided, however, that the Trustee herein named 
concurs with said Council in the necessity for such further 


expenditures, improvements or additions. 


“The necessity for the expenditures, improvements and addi- 
tions hereinbefore referred to, and the actual cash cost of the 
same, shall be made to appear to the satisfaction of the Memphis 
Trust Company from a certificate of such competent engineer as it 
may see proper to appoint, and from a resolution of the City 
Council, together with a report of the City Engineer approving 
such expenditure, the cost of such examination and report, so 
tar as the Memphis Trust Company is concerned, to be borne by 


said company.” And, 


Whereas, The Water Commissioners have filed their peti- 
tion with this Council, setting forth that they have expended in 
improvements and construction $83,980.40 in excess of the bonds 
heretofore issued for that purpose, and setting forth furthermore 
that the sum of $116,019.60 is necessary for the payment of 
further permanent improvements and additions to the water- 


works plant, to be made in the near future, and stating that it 


730 


CITY ORDINANCES. 


WATER BONDS. 


- 


To sell 
$200,000 of 
water bonds. 


Advertise for 
bids. 


Bids. 


ig necessary that bonds to an extent of $200,000.00 be sold for the 
purpose of paying for the said permanent improvements already 


made and those now contemplated ; and, 


Whereas, The City Engineer has submitted to the Legislative 
Council his written report approving such expenditures; there- 


fore be it 


Sec. 1182. Resolved, That the Legislative Council of the City 
of Memphis hereby approves such expenditures and declares that 
it is necessary that $200,000.00 of the said bonds be sold for the 
purpose of paying for such permanent improvements, which im- 
provements the Legislative Council now declares to be necessary 


and judicious; be it further 


Resolved, 'vhat the Bank of Commerce & Trust Company (form- 
erly Memphis Trust Company), Trustee as aforesaid, be and is 
herein requested to certify bonds Nos. 1,452 to 1,651, inclusive, 
each of the denomination of $1,000.00, aggregating $200,000.00, 
and deliver same to the City of Memphis when the same shall 


have been sold, as hereinafter provided; be it further 


Resolved, That the Mayor and Secretary are hereby instructed 
to advertise and sell said bonds at public sale, by and after 
inviting sealed bids, by advertising for eleven consecutive days 
in at least one daily newspaper published in the City of Memphis 
and in at least one financial paper published in the City of New 
York, N. Y., and also in one such paper in the City of Chicago, 
Ill., and said bonds shall not be sold at a price below their face 
or par value, free from any sales, commissions or brokerage, and 
no bid shall be received for less than par and accrued interest; 


be it further 


Resolved, That no bid for said bonds shall be received unless 
it is accompanied by a check for $5,000.00, payable to the order 


of E. M. Douglass, City Register, and certified by some bank doing 


CITY ORDINANCES. 731 


WATER BONDS. 
business in the City of Memphis, the said check to be collected 
and the proceeds forfeited to the City of Memphis in the event 
the purchaser of the bonds fails to carry out the terms of his 
purchase. The checks of unsuccessful bidders will be immedi- 


ately returned to them; be it further 


Resolved, That the sale of these bonds shall take place on Sale, 
Wednesday, the 18th day of April, 1906, and that notice of 
such sale shall require all bidders to file their bids with the 
City Register not later than 12 o’clock, noon, on said date, the 
18th day of April, 1906, at which time the Legislative Council 
shall convene for the purpose of opening the bids and awarding 
the bonds on that day to the highest and best bidder, for cash; 
be it further 


Resolved, That upon the sale of said bonds, the proceeds thereot ea va 
shall be paid over to the Water Commissioners, to be deposited | 
and kept by them, as provided by Section 4 of the mortgage afore- 
said, and expended by them solely for the purpose of paying for 
permanent improvements of the artesian water plant, as above 


set forth, and for no other purpose; be it further 


Resolved, That this resolution be published in the Memphis 
News Scimitar, as provided by Section 3 of the Acts of 1903, 


Chapter 339; be it further 


Resolved, That this resolution take effect from and after its 


passage.* 


1 Article 74 passed March 10, 1906. 


EY, 


CITY ORDINANCES. 


WATER BONDS. 


‘Preamble. 


NO. 4. 
RESOLUTION. 

Whereas, Under the terms of the trust deed executed by the 
City of Memphis to the Bank of Commerce & Trust Company, of 
date May 4, 1903, conveying to said trust company as Trustee, 
the artesian water works, for the purpose of securing certain 


bonds therein mentioned, it was provided as follows: 


“It is further understood and agreed that bonds Nos. 1251 to 
2000, inclusive, and Nos. 3251 to 3500, inclusive, (unless bonds 
Nos. 3251 to 3300 or part thereof shall be used as provided in 
the foregoing paragraph, and in that event bonds Nos. 1251 to 
2000 and bonds Nos. 3300 to 3500, inclusive, and such part of 
bonds Nos. 3251 to 3300 as are not used in exchange as aforesaid) 
shall be placed in the hands of the Memphis Trust Company to 
be certified and delivered to the party of the first part at such 
time or times, and in such amounts as may, in the discretion 
of the said Memphis Trust Company, be deemed necessary 
and judicious for making further expenditures for permanent 
improvements on or additions to the water works plant and 
property of said party of the first part. Such certification and 
delivery shall be made at such times and in such amounts as may 
be required by the Legislative Council of the City of Memphis; 


provided, however, that the Trustee herein named concurs with 


‘said Council in the necessity for such further expenditures, im- 


provements or additions. The necessity for the expenditures, , 
improvements and additions hereinbefore referred to and the 
actual cost of the same shall be made to appear to the satisfaction 
of the Memphis Trust Company, from a certificate of such com- 
petent engineer as it may see proper to appoint, and from a reso- 
lution of the City Council, together with a report of the City 
Hngineer approving such expenditures, the cost of such examina- 
tion and report, so far as the Memphis Trust Company is con- 


cerned, to be borne by said company.” 


CITY ORDINANCES. 


733 


WATER BONDS. 


Whereas, The Water Commissioners have filed their petition 
‘with this Council, setting forth that they have expended in 
improvements and construction $36,170.04 in excess of the bonds 
heretofore issued for that purpose, and setting forth furthermore 
that the sum of $163,829.96 is necessary for the payment of fur- 
ther permanent improvements and additions to the water works 
plant to be made in the near future, and stating that it is neces- 
sary that bonds to the extent of $200,000 be sold for the pur- 
pose of paying for the said permanent improvements already 


made, and those now contemplated; and 


Whereas, The City Engineer has submitted to the Legislative 
Council his written report approving such expenditures; there- 


fore be it 


Sec. 1183. Resolved, That the Legislative Council of the City 
of Memphis hereby approve such expenditures, and declares that 
it is necessary that $200,000 of the said bonds be sold for the 
purpose of paying for such permanent improvements, which im- 
provements the Legislative Council now declares to be necessary 


and judicious. 


Sec. 1184. The Bank of Commerce and Trust Company (for- 
merly the Memphis Trust Company), Trustee as aforesaid, be 
and fiiiereby requested to certify bonds Nos. 1652 to 1851, in- 
clusive, each of the denomination of $1,000, aggregating $200,0vuuU, 
and deliver same to the City of Memphis when the same shall 


have been sold, as hereinafter provided. 


Sec. 1185. The Mayor and City Register are hereby instructed 
to advertise for sale said bonds at public sale, by and after 
inviting sealed bids, by advertising for eleven consecutive days 
in at least one daily newspaper published in the City of Memphis, 
and in at least one financial paper published in the City of New 


York, and also in one such paper in the City of Chicago, I]l., 


Expenditures 
made and to 
be made. 


Approval of 
City Engineer. 


$200,000 bonds 
to be cer- 
tified. 


Adver- 
tisement, 


734 


CITY ORDINANCES. 


WATER BONDS. 


Bids. 


Sale. 


Proceeds. 


and said bonds shall not be sold at a price below their face or 
par value, free from any sales commissions or brokerage, and 


no bids shall be received for less than par and accrued interest. 


Sec. 1186. No bid for said bonds shall be received unless it is. 
accompanied by a check for $5,000, payable to the order of E. M. 
Douglass, City Register, and certified by some bank doing busi- 
ness in the City of Memphis, the said check to be collected and 
the proceeds forfeited to the City of Memphis in the event the 
purchaser of the bonds fails to carry out the terms of his pur- 
chase. The checks of the unsuccessful bidders will be immedi- 


ately returned to them. 


Sec. 1187. The sale of these bonds shall take place on Mon- 
day, the 15th day of July, 1907, and that notice of such sale shall 
require all bidders to file their bids with the City Register not 


later than 12 o’clock, noon, on said date, the 15th day of July, 


1907, at which time the Legislative Council shall convene for 
the purpose of opening the bids and awarding the bonds on that 


day to the highest and best bidder for cash. 


Sec. 1188. Upon the sale of said bonds the proceeds thereot 
shall be paid over to the Water Commissioners, to be deposited 
and kept by them as provided in Section 4 of the mortgage afore- 


said, and expended by them solely for the purpose of paying for 


permanent improvements of the artesian water plant, as above 


set forth, and for no other purpose. Be it further 


Resolved, That this resolution be published in the Memphis 
Commercial Appeal, as provided by Section 3 of the Acts of 1903, 


Chapter 339.* 


1 Passed final reading Thursday, June 27, 1907. 


CITY ORDINANCES. 


735 


WATER BONDS. 


NO. 5. 
ORDINANCE. 
An ordinance authorizing the issue and sale of $1,009,000 water 


bonds of the City of Memphis. 


Whereas, under and by virtue of the provisions of an Act of 
the General Assembly of the State of Tennessee, passed and 
approved on January 28, 1899, being Chapter 32 of the Acts of 
1899, and an act of the General Assembly of said state amendatory 
thereof, approved aay 14, 1903, being Chapter 339 of the Acts of 
1903, and the Constitution and other statutes of said state, in 
such case made and provided, and ordinances and proceedings 
of the City of Memphis duly had and adopted, said city acquired 
and purchased the water properties, plants and francnises of the 
Artesian Water Company, and authorized an issue of water bonds 
ot said city in an amount not exceeding $3,500,000, for the pur- 
pose of enabling said city to make such purchase, and to provide 
for the retiring of the bonded indebtedness of said Artesian Water 
Company, which indebtedness was assumed and agreed to be paid 
by said City of Memphis as a part of the purchase price of such 
properties, and for the purpose of making such improvements 
upon and extensions of said water properties and plants as 


might become necessary; and, 


Whereas, There are outstanding and unpaid bonds of said 
Artesian Water Company to the amount in par value of $1,009,000, 
which bonds were assumed and agreed to be paid by said city, 
and are a part of the bonds of said Artesian Water Company 
described in the mortgage made by the City of Memphis to the 
Memphis Trust Company, Trustee, dated May 1, 1903, to secure 


the payment of said $3,500,000 water bonds of said city; and, 


Whereas, under the terms of said mortgage and of the ordi- 
nances and proceedings of said City of Memphis authorizing the 


issue of said $3,500,000 water bonds, there were deposited in the 


Preamble, 


736 


CITY ORDINANCES. 


WATER BONDS. 


To sell $1,- 
009,000 water 


bonds— 
numbers, 


Bids. 


etc, 


possession of the Memphis Trust Company $1,300,000 par value 
of said $3,500,000 water bonds of said city, said $1,300,000 bonds 
being numbered from 2001 to 3300, both inclusive, and said 
$1,300,000 bonds, numbered as aforesaid, being so deposited in 
trust for the purpose of providing for the purchase or acquisition 
of outstanding bonds of said Artesian Water Company described 
in said mortgage and assumed and agreed to be paid by said 
city; and it is necessary or desirable that $1,009,000 bonds of 
said $1,800,000 bonds shall be sold and the proceeds thereof 
applied to the purchase or acquisition of said $1,009,000 out- 
standing and unpaid bonds of said Artesian Water Company; now, 


therefore, 


Sec. 1189. Be it ordained by the Legislative Council of the 
City of Memphis, That said City of Memphis issue and sell at 
not less than par and accrued interest, $1,009,000 out of said 
$1,300,000 water bonds of said city, being part of said issue of 
$3,500,000 water bonds of said city, issued in accordance with 
and described in said mortgage made by said City of Memphis 
to the Memphis Trust Company, Trustee, dated May 1, 1903, 
said $1,009,000 bonds being of the denomination of $1,000 each, 
$9,000 of said bonds being numbered from 2292 to 2300, both 
inclusive, and being payable May 1, 1909, $50,000 of said bonds, 
being numbered from 2301 to 2350, both inclusive, and being 
payable May 1, 1910, and $50,000 of said bonds, being numbered 
from 2351 to 2400, both inclusive, and being payable May 1, 
1911, and so on, $50,000 bonds being payable May 1 each year of 
the next succeeding numbers to and including bond numbers 
3000, the last $50,000 bonds thereof, numbers 3251 to 33500, both 


inclusive, being payable May 1, 1929. 


Sec. 1190. The Mayor and City Register are hereby authorized 
and instructed to invite sealed bids for said bonds up to 2:50 


o'clock p.m., January 27, 1909, by advertisement for eleven 


CITY ORDINANCES. 


737 


WATER BONDS. 


consecutive days in the Memphis News Scimitar, a daily news- 
paper published in the City of Memphis, and a similar or a shorter 
notice in such other newspapers published in said city, or in 
other cities, as they may deem best. Said bonds shall be sold 
at public sale only, and at a price not below the par or face value 
thereof, free from any sales commission or brokerage. The 
advertisement for said bonds in said Memphis News Scimitar 


may be in substantially the following form: 


MEMPHIS, TENNESSEE, WATER BONDS. 
$1,009,000 
BIDS FOR BONDS INVITED. 

Notice is hereby given that the City of Memphis will receive 
sealed bids at the office of Ennis M. Douglas, City Register of 
the City of Memphis, Tennessee, at the City Hall in said city, 
until 2:30 p.m., on January 27, 1909, for $1,009,000 City of 
Memphis water bonds, dated May 1, 1903, being part of an 
issue of $3,500,000 bonds authorized by Chapter 32 of the Acts of 
1899, as amended by Chapter 339 of the Acts. of 1903, $9,000 
bonds, numbered from 2292 to 2300, both inclusive, being payable 
May 1, 1909; $50,000 bonds, numbered from 2301 to 2350, both 
inclusive, being payable May 1, 1910, and $50,000 of said bonds, 
numbered from 2351 to 2400, both inclusive, being payable May 
i, 1911, and so on, $50,000 bonds being payable May 1 each year 
of the next succeeding numbers to and including bond number 
5900, the last $50,000 bonds thereof, numbers 3251 to 3300, both 
inclusive, being payable May 1, 1929. Said bonds bear interest 
at the rate of 4 per centum per annum, payable semi-annually, 


May 1 and November 1. 


Said bonds are an absolute and general obligation of the City 
cf Memphis, and are also secured by a first mortgage on all the 
watcrvorks plant of said city, said mortgage and the statutes 


authorizing the same making full provisions by which, in the 


Form of 

advertise- 
ment for 

bids, 


Bonds, gen- 
eral obliga- 
tion of city. 


738 


CITY ORDINANCES. 


WATER BONDS. 


Sale. 


Proceeds. 


event of possible foreclosure a purchaser at foreclosure sale 
has exclusive franchise and can charge rate sufficient to pay the 


principal and interest of said bonds. 


No more of said $1,009,000 bonds shall be issued and delivered 
to the successful bidder than will be necessary, together with any 
premium they may bring, to produce the sum of $1,009,900. 
No bid of less than par and accrued interest will be considered. 
Each bid must be accompanied by a certified check on a responsi- 


ble bank or trust company, located in Memphis, payable to the 


-order of the City of Memphis, for 1 per centum of the par amount 


of bonds bid for, the bonds to be delivered and paid for at the 
Farmers’ Loan & Trust Company, in the City and State of New 
York, as early as practicable after the sale of the bonds, and 
after five days’ notice to the purchaser. 

The right is reserved to reject any and all bids. 

The legality of the bonds and mortgage and all proceedings 
for issuance of same have been approved by Dillon & Hubbard, 
copy of whose opinion will be furnished to the successful bidder. 

Copy of circular giving statistics as to the City of Memphis, 
and copy of bond, mortgage and statutes under which bonds 
are issued, also blank forms for bids, can be obtained from the 
undersigned or from Dillon & Hubbard. 


nr Pe BA Mayor. 


Sec. 1191. The sealed bids shall be opened by the Legis!ative 
Council of the City of Memphis at 2:30 p.m., January 27, 1909, 


and action taken immediately thereon. 


Sec. 1192. The proceeds of the sale of said bonds shall be 
applied to the purchase or acquisition of the $1,009,000 outstand- 
ing and unpaid bonds of the Artesian Water Company, described 
in the mortgage of the City of Memphis to the Memphis Trust 


Company, Trustee, dated May 1, 1903, assumed and agreed to be 


CITY ORDINANCES. soo 


WATER BONDS. 
paid by said city, and said old bonds shall be deposited with the 
Trustee under said mortgage dated May 1, 1903, to be dealt with 


as provided in said mortgage. 


See. 1193. This ordinance shall, after its introduction, be 
published once in the Memphis News Scimitar, a daily news- 


paper published in the City of Memphis." 


NO. 6. 
ORDINANCE. 
AWARD AND SALE OF $1,009,000 WATER BONDS. 

Whereas, the City of Memphis passed an ordinance entitled, 
“An Ordinance Authorizing the Issue. and Sale of $1,009,000 Wa- 
ter Bonds of the City of Memphis,’ which ordinance was duly ap- 
proved by the Mayor on January 11, 1909, and published as 
required by law, said ordinance providing that said $1,009,000 
water bonds should be advertised for sale, bids to be received 
at 2:30 o'clock p.m., January 27, 1909, action to be taken on said 
bids by the Legislative Council of said city; and, 

Whereas, said bonds have been duly advertised for sale, as 
provided in said ordinance, and bids have been received for said 
bonds, and John H. Watkins having bid par and accrued interest 


on said bonds, is the highest bidder therefor; now, therefore, 


Sec. 1194. Be it ordained by the Legislative Council of the 
City of Memphis, That said $1,009,000 water bonds described in 
said ordinance be and the same are hereby sold and awarded 
to said John H. Watkins, at said purchase price; and the proper 
officers of this city and the Bank of Commerce & Trust Com- 
pany, formerly the Memphis Trust Company, Trustee under the 
mortgage dated May 1, 1903, to secure the payment of $3,500,000 
bonds, of which said $1,009,000 bonds are a part, be and the 
same are hereby authorized and instructed to cause said $1,009,000 


1 Sections 1189 to 1193 (No. 5 ordinance) passed January 11, 1909. 


740 


CITY ORDINANCES. 


WATER BONDS. 


Preamble. 


bonds to be delivered to the purchaser thereof on payment of the 
purchase price therefor, such purchase price to be paid to the 
Farmers’ Loan & Trust Company, in the City and State of New 
York, which company is to receive the same on behalf of the 
City of Memphis and apply the same in payment of the $1,009,000 
outstanding water bonds of the Artesian Water Company men- 
tioned in said ordinance, and the receipt of said Farmers’ Loan 
& Trust Company to said purchaser for such purchase price shall 
be a full acquittance to the purchaser, and the purchaser shall 


not be bound to see to the application of the purchase money. 


Sec. 1195. This ordinance shall, after its introduction, be pub- 
lished once in the Memphis News Scimitar, a daily newspaper 


published in the City of Memphis." 


NO. 
RESOLUTION. 

Whereas, under the terms of the trust deed executed by the 
City of Memphis to the Memphis Trust Company, new the Bank 
of Commerce & Trust Company, of date May 4, 1903, conveying 
to said trust company, as Trustee, the artesian water works, for 


the purpose of securing certain bonds therein mentioned, it was 


rrovided as follows: 


“It is further. understood and agreed that bonds Nos. 1251 to 
2000, inclusive, and Nos. 3251 to 3500, inclusive, (unless bonds 
Nos. 3251 to 3300, or part thereof, shall be used as provided in 
the foregoing paragraph, and, in that event, bonds Nos. 1251 to 
2009 and bonds Nos. 3300 to 3500, inclusive, and such part of 
bonds Nos. 3251 to 3300 as are not used in exchange as afore- 
said), shall be placed in the hands of the Memphis Trust Com- 
pany, to be certified and delivered to the party of the first part, 


and at such time or times, and in such amounts as may, in the 


1 Ordinance making award of $1,009,000 Water Bonds passed January 30, 1909. 


CITY ORDINANCES. 741 


WATER BONDS: 
discretion of the said Memphis Trust Company, be deemed 
necessary and judicious for making further expenditures for 
permanent improvements on or additions to the waterworks plant 
and property of said party of the first part. Such certification 
and delivery shall be made at such times and in such amounts 
ag may be required by the Legislative Council of the City of 
Memphis, provided, however, that the Trustee herein named 
concurs with said Council in the necessity for such further ex- 
penditures, improvements or additions. The necessity for the 
expenditures, improvements and additions hereinbefore referred 
to, and the actual cash cost of the same, shall be made to appear 
to the satisfaction of the Memphis Trust Company from a certifi- 
cate of such competent engineer as it may see proper to appoint, 
and from a resolution of the City Council, together with a report 
of the City Engineer approving such expenditures, the cost of 
such examination and report, so far as the Memphis Trust Com- 


pany is concerned, to be borne by said company.” 


Whereas, the Water Commissioners have filed their petition 
with this Council, setting forth that they have expended in 
improvements and construction $101,715.94 in excess of the 
bonds heretofore issued for that purpose, and setting forth, fur- 
thermore, that the sum of $148,284.06 is necessary for the pay- 
ment of further permanent improvements and additions to the 
waterworks plant to be made in the near future, and stating that 
it is necessary that bonds to the extent of $250,000 be sold for 
the purpose of paying for the said permanent improvements al- 
ready made, and those now contemplated; and, 

Whereas, the City Engineer has submitted to the Legislative 
Council his written report approving such expenditures; there- 


fore, be it 


Sec. 1196. Resolved, That the Legislative Council of the City 


To sell $250,- 
of M his her ; 000 water 
emphis hereby approves such expenditures and declares that jonas. 


1: is necessary that $250,000 of the said bonds be sold for the 


CITY ORDINANCES. 


WATER BONDS. 


Bids. 


Sale. 


purpose of paying for such permanent improvements, which 
improvements the Legislative Council now declares to be neces- 


sary and judicious. 


Sec. 1197. The Bank of Commerce & Trust Company (form- 
erly the Memphis Trust Company), Trustee, as aforesaid, be and 
is hereby requested to certify bonds No. 1451 and Nos. 1852 to 
2000, inclusive, and Nos. 3301 to 3400, inclusive, each of the 
denomination of $1,000, aggregating $250,000, and deliver same 
to the City of Memphis when the same shall have been sold, as 


hereinbefore provided. 


Sec. 1198. The Mayor and City Register are hereby instructed 
to advertise for sale said bonds at public sale, by and after invit- 
ing bids, by advertising for eleven consecutive days in at least 
one daily newspaper published in the City of Memphis, and 
said bonds shall not be sold at a price below their face or par 
value, free from any sales commission or brokerage, and no bid 


shall be received for less than par and accrued interest. 


Sec. 1199. No bid for said bonds shall be received unless it is 
accompanied by a check for -$5,000, payable to the order of EH. M. 
Douglass, City Register, and certified by some bank doing busi- 
ness in the City of Memphis, the said check to be collected and 
the proceeds forfeited to the City of Memphis in the event 
the purchaser of the bonds fails to carry out the tee of his 
purchase. The checks of the unsuccessful bidders will be immedi- — 


ately returned to them. 


Sec. 1200. The sale of these bonds shall take place on March 
4, 1909, and that the notice of such sale shall require all bidders 
to file their bids with the City Register not later than 2:30 
o’clock p.m. on said date, at which time the Legislative Council 
shall convene for the purpose of opening the bids and awarding 


the bonds on that day to the highest and best bidder for cash. 


CITY ORDINANCES. 


743 


Sec. 1201. Upon the sale of said bonds the proceeds thereof 
shall be paid over to the Water Commissioners, to be deposited 
and kept by them as provided in Section 4 of the mortgage 
aforesaid, and expended by them solely for the purpose of pay- 
ing for permanent improvements of the artesian water plant, as 


above set forth, and for no other purpose. 


Sec. 1202. This resolution be published in the Memphis News 
Scimitar, as provided by Section 3 of the Acts of 1903, Chapter 


339." 


ARTICLE 74. 
ORDINANCE NO. 1. 
Providing for the issue of $250,000 of bonds for the purchase and 


improvement of parks and parkways. 


Sec. 1203. Be it ordained by the Legislative Council of the 
City of Memphis, That under and by virtue of the provisions of 
Chapter 142, of the Acts of the regular session of the Legislature 
of the State of Tennessee of 1899, the City of Memphis will 
issue, and the Mayor and Secretary of the Board of Fire and 
Police Commissioners are hereby authorized to execute and 
deliver, $250,000 of bonds, to be designated as “Memphis Park 
Bonds,” the same to be issued, and the proceeds thereof to be 
used exclusively for the purpose of acquiring and improving 


parks and parkways for public use. 


Sec. 1204. Be it further ordained, That there shall be five 


hundred of said bonds of the denomination of $500 each, and 


PARK 


BONDS. 


Proceeds. 


City 
issue 


may 


$250, - 


000 park 


bonds. 


Bonds 
dated 
1901; 


all of said bonds shall be dated January 1, 1901. Said bonds 2°"! 


Shall be payable thirty years after date, and shall bear interest 
at the rate of 4 per cent. per annum, and said interest shall be 
evidenced by attached coupons maturing semi-annually, and 


the principal of said bonds shall be payable in the City of 


1 Resolution No. 7, sale $250,000 Water Bonds, passed January 30, 1909. 


cent, 


to be 
Arp ale 

run 30 
and 


interest. 


744 


CITY ORDINANCES. 


PARK BONDS. 


Form of bond. 


Memphis, and oe interest coupons shall be payable in the 
City of New York or in the City of Memphis. Said coupons shall 
each bear the lithographed signature of the Mayor and of the 
Secretary of the Board of Fire and Police Commissioners of 


said City of Memphis. 


Sec. 1205. Be it further ordained, That the form of said bonds 

and coupons shall be as follows: 
STATE OF TENNESSEE, COUNTY OF SHELBY, CITY OF MEMPHIS. 
| PARK BONDS. 

INDO otha acetates, $500. 

The City of Memphis, of Shelby County, State of Tennessee, a 
municipal corporation created under the laws of Tennessee, 
hereby acknowledges itself indebted and firmly bound unto the 
holder of this bond in the sum of five hundred dollars, and prom- 
ises and obligates itself to pay to the holder hereof, in Memphis, 
‘tennessee, on the first day of January, 1931, the.sum of five hun- 
dred dollars, with interest at the rate of 4 per cent. per annum, 
payable semi-annually on the first day of July and January in 
each year until maturity, on the presentation and surrender ’ 
of the proper coupons in the City of New York or in the City of 
Memphis. 

This bond is one of a series of bonds, aggregating $250,000,. 


and is duly and legally issued under and in pursuance of and in 


‘strict conformity with an ordinance of the Legislative Council 


of said City of Memphis, adopted on November 8, 1900, under the 
authority of an act of the Legislature of said State, being Chap- 
ter 142 of the Acts of 1899, entitled, “An Act to amend an Act 
entitled ‘An Act to establish Taxing Districts in this State, and 
to provide the means of local government for the same,’ being 
Chapter 2 of the Acts of 1879, and the acts amendatory thereof, 
sc as to authorize and empower the Taxing Districts and cities 
organized under said act to acquire, improve and maintain parks 


for the benefit of the public.’ Said series of bonds, of which 


CITY ORDINANCES. 


this is one, is secured by trust deeds upon certain parks and 
park lands owned by said City of Memphis, and fully described 
in said trust deeds. 

But it is expressly provided that this bond and the coupons 
hereto attached shall not create or carry any general liability 
against the City of Memphis, but the holder of this bond, and said 
coupons, shall look solely to the security of said trust deeds and 
said parks and park lands for the payment hereof. 

It is hereby certified and recited that all acts, conditions and 
things required to be done precedent to and in the issuing of this 
bond have been done and performed in regular and due form, as 
required by law, and that the total indebtedness of the City of 
Memphis, including this bond, does not exceed the limitations 
imposed by law. 

In testimony whereof, this bond has been signed by the 
Mayor of said city, and the Secretary of the Board of Fire and 
Police Commissioners thereof, with the seal of said city here- 
unto affixed, and the coupons hereunto attached, authenticated 
by the lithographed signature of said Mayor, this first day of 


Jganuary, 1901. 
CITY OF MEMPHIS, 


Secretary of Board of Fire and Police Commissioners of the 


City of Memphis. 


(FORM OF COUPON.) 
$10.00. The City of Memphis, Shelby County, Tennessee, prom- 
ises to pay to the bearer the sum of ten dollars ($10.00) on the 
ee OMVOOLe gesagt. note ine the City. of New York;, or 
in the City of Memphis, being for six months’ interest on Park 
TOTO Oyo a2 
CITY OF MEMPHIS, 


Secretary of Board of Fire and Police Commissioners. 


745 


PARK BONDS. 


746 


CITY ORDINANCES. . 


PARK BONDS. 


Mayor em- 
powered to 
execute 

trust deed. 


Sec. 1206. .Be it further ordained, That to secure the payment 
of the principal of, and interest on, said bonds, the Mayor of 
the city is hereby authorized and empowered to execute trust 


deeds upon the parks and park lands aforesaid, to the Memphis 


Trust Company, as Trustee, the form of which deeds shall be as 


Form of 
trust deed. 


follows: 


STATE OF TENNESSEE, COUNTY OF SHELBY, CITY OF MEMPHIS. 
TRUST DEED. 

The City of Memphis, a municipal corporation under the laws 
of the State of Tennessee, and of the County of Shelby, in said 
State, for the consideration of five dollars ($5.00) to it in hand 
paid, and other good and valuable considerations hereinafter ap- 
pearing, has bargained and sold, and does hereby bargain, sell, 
convey, grant and confirm to the Memphis Trust Company, 
Trustee, certain parcels of ground near to the City of Memphis, 


Shelby County, Tennessee, described as follows, to-wit: 


ee er a Se Ye TOR TO OR SN ee MY a OT ee Pea TM a CW eat ue YT WN eC Pe ey re Oe 


The said City of Memphis hereby covenants to and with the 
said Memphis Trust Company, Trustee, as aforesaid, that it is 
seized in fee of the premises aforesaid, that it has good right 
to grant and convey the same as herein done, that the said 
premises are free from encumbrances, and that it will forever 
warrant and defend the title thereto against the lawful claims 
of any and every person whomsoever. 

But this is a trust deed, for the uses, purposes and trusts 
following, and none other, to-wit: 

The said City of Memphis, by virtue of Chapter 142 of the Acts 
of the Legislature of 1899, has issued $250,000 park bonds, dated 
the 1st day of January, 1901, payable in said city, and maturing 
in thirty years from date, the same bearing interest at the rate 
of 4 per cent. per annum, payable semi-annually in the City of 
New York, or in the City of Memphis, and evidenced by coupons. 


thereto attached. 


CITY ORDINANCES. 


Now, should the said City of Memphis fail to pay the prin- 
cipal of said bonds, or the interest, or any part thereof, upon 
said bonds as the same shall mature, respectively, then the said 
Memphis Trust Company, trustee, shall, after thirty days’ ad- 
vertisement in any daily newspaper published in the City of 
Memphis, offer the above described property for sale, and sell 
the same to the highest bidder for cash, and apply the proceeds, 
first, to the expense of making said sale; second,.to the payment 
of said bonds and the then accrued interest thereon that shall 
then remain unpaid, the whole of the then unpaid bonds to at 
once mature, in the event aforesaid, for the purposes of said fore- 
closure; and all of said bonds, with accrued interest thereon, in 
that event, to share equally in such proceeds of sale; third, the 
balance, if any, to be paid to the said City of Memphis. But, 
should the said City of Memphis discharge the interest upon 
said bonds as the same shall mature, and pay the principal of 
the aforesaid bonds, respectively, as the same shall mature, then 
this trust deed shall be null and void, and the title to the prem- 
ises aforesaid shall at once, and without more, revert to said 
City of Memphis, the said Memphis Trust Company, trustee, 
upon the full and final payment of the bonds and interest afore- 
said, to reconvey said premises to said City of Memphis. 

In witness, the Mayor of said city and the Secretary of the 
Board of Fire and Police Commissioners thereof, have executed 
this trust deed and attached thereto the seal of said city, this 1st 


day of January, 1901. 


Sec. 1207. Be it further ordained, That on the back of each 
of said bonds said Memphis Trust Company, trustee, shall certify 


as follows: 


“The Memphis Trust Company hereby certifies that the within 


bond is one of a series of five hundred Memphis Park Bonds, ag- 


747 


PARK BONDS. 


Trustee’s 
certificate. 


748 CITY ORDINANCES. 


PARK BONDS. 
gregating two hundred and fifty thousand dollars, which are 
equally secured by the deeds of trust therein mentioned. 

rae Lasts hod aie aati) dre ena fed , Trustee. 
VBY Sees Ron See , President.” 
Passed final reading November 8, 1900. 
J. J. WILLIAMS, Mayor. 
Attest:. W. B. ARMOUR, Secretary. 


ORDINANCE NO. 2. 


AN ORDINANCE to provide for the issuance of park and park- 
way bonds in the sum of $1,000,000.00, under the provisions 
of an act of the Legislature, being House Bill No. 175, ap- 


proved February 26, 1909. 


May issue Sec. 1208. Be it ordained by the Legislative Council of the 
$1,000,000 
ey City of Memphis, That for the purpose of raising the funds to 
bear LN 


ey cag wa acquire the property known as the Southern Railway Company 


April 1, 1909, : 5 2 
on payable Yards, in Memphis, Tennessee, and such other property in the 


ele eee vicinity thereof as may, in the judgment of the Park Commis- 
sion, be necessary for park and parkway purposes, and to com- 
plete the park, parkway and boulevard system of the city, the 
City of Memphis, under the authority of and in accordance with, 
the provisions of the act of the General Assembly of Tennessee, 
approved February 26, 1909, being House Bill No. 175, will issue 
the negotiable bonds of the City of Memphis in the amount of 
one million dollars ($1,000,000.00). 

Said bonds shall bear interest at the rate of four and one- 
fourth (414) per cent. per annum, payable semi-annually, and 
said bonds shall bear date April 1, 1909, and shall mature April 
1, 1959; and the principal and interest of said bonds shall be 
payable in lawful money of the United States at the office of 
the United States Mortgage & Trust Company, in the City of 
New. York, State of New York, or at the City Hall in Memphis, 


Tennessee, at the option of the holder. 


CITY ORDINANCES. 


The interest on said bonds shall be payable semi-annually, 
and shall be evidenced by coupons attached to said bonds, paya- 


ble April 1st and October 1st of each year. 


Said bonds shall be of the denomination of one thousand dol- 
lars ($1,000.00) each, and shall be signed by the Mayor and City 
Register of the City of Memphis; and the interest coupons shall 
bear the printed or lithographed fac-simile of the signature of 


the Mayor. 


Said bonds shall be in substantially the form set forth in 
Section 2 of the act approved February 26, 1909, hereinbefore 


mentioned. 


Sec. 1209. Be it further ordained, That said bonds shall be 
sold by the Park Commission of the City of Memphis for the 
best terms offered, at such times and in such amounts as the 
Park Commission determines, provided the said bonds shall not 
be sold for less than par. The cost of printing and the expenses 
of sale of said bonds, and a brokerage or commission to the 
purchasers or others not exceeding one-eighth of 1 per cent. of 
the amount of bonds sold, may be paid out of the proceeds of 
sale of said bonds, whether the same are sold at par or above 
par. Said Park Commission shall have entire charge and control 
of the sale of said bonds, and the Mayor and City Register shall 
execute and deliver the same, when called upon so to do by said 


Park Commission. 


Seria. Be it further ordained, That the entire proceeds of 
the sale of said bonds, when and as sold, shall be paid over 
to the Park Commission, and, after the payment of the cost 
of printing and all expenses of the sale of said bonds, the pro- 


ceeds of sale shall be used as follows: 


1. Not more than the sum of five hundred thousand dollars 
($500,000.00) shall be used for the acquisition, by private nego- 


tiation or condemnation, of the property in the City of Mem- 


PARK BONDS. 


Form of bond. 


Sold by Park 
Commis- 
sion—how 
and when. 


Proceeds of 
sale—how 
to be used. 


Southern 
Railway 
yards. 


750 


CITY ORDINANCES. 


PARK BONDS. 


Commission 
to pay in- 
terest. 


Faith of city 
pledged for 
payment, etc. 


phis known as the Southern Railway Company’s yards, and such 
other property in the vicinity thereof as, in the judgment of the 
Park Commission, may be necessary for park purposes and park- 
ways and boulevards in connection therewith; provided, that 
if said Southern Railway Company’s yards cannot be acquired 
on terms reasonable and proper, in the judgment of the Park 
Commission of said City of Memphis, bonds to the extent of five 
hundred thousand dollars ($500,000.00) only*shall be issued here- 
under, and the proceeds thereof shall be used as hereinafter pro- 
vided. 

2. The residue of the proceeds of sale of said bonds, or, in 
the event said Southern Railway Company’s yards cannot be 
acquired as provided herein, then the proceeds of sale of bonds 
in the sum of five hundred thousand dollats ($500,000.00) shall 
be used in completing the system of parks, parkways and boule- 
vards of the City of Memphis, and shall be used and expended 
by said Park Commission in such manner as it deems best for 


completing and perfecting said system.. 


Sec. 1210. Be it further ordained, That the Park Commission 
of the City of Memphis is hereby given irrepealable power and 


authority, and is directed to pay the interest on said bonds evi- 


denced by the coupons thereto attached, as the same matures, 


out of the taxes collected by said Park Commission under the 


existing law. 


Sec. 1211. Be it further ordained, That the City of Memphis 
does hereby pledge its full faith and credit for the payment 
of the principal and interest of all of said bonds, according to 
their tenor; and the City of Memphis hereby pledges and obli- 
gates itself, in addition to all other taxes authorized by law, to 
levy a tax to pay said bonds and \coupots at their maturity, 
provided that the tax levied for said Park Commission shall not 
be sufficient to pay said bonds and coupons as they severally 


become due. 


CITY ORDINANCES. \ 


751 


STREET IMPROVEMENT BONDS. 


Sec. 1212. Be it further ordained, That this ordinance shall, 
without any other ordinance or act upon the part of the Legis- 
lative Council, be full and complete authority for the issuance 
of said bonds, and for the sale and delivery thereof by the Park 
Commission of the City of Memphis. 

Said bonds shall have all the qualities of negotiable paper 
under the law merchant, and shall not be invalid for any irregu- 
larity or defect in the proceedings or the issue and sale thereof, 
and shall be incontestable in the hands of bona fide holders tor 
value. 

All ordinances and parts of ordinances, general or special, 
so far as they are inconsistent with this ordinance, are hereby 


repealed. 


Sec. 1213. Be it further ordained, That said bonds shall be 
sold to the highest bidder after being advertised daily for thirty 
(30) days in some newspaper published in the City of Memphis, 
by the Park Commission.* 


Passed final reading April 16th, 1909. 


ARTICLE 75. 
ORDINANCE. 

AN ORDINANCE authorizing the issuance and sale of street 
improvement bonds of the City of Memphis, Series 1, of 1909, 
to provide means to pay not exceeding two-thirds of the esti- 
mated cost of certain street improvements, and repealing the 
provisions of any and all ordinances and resolutions inconsist- 
ent herewith. 

Whereas, by resolution of the Legislative Council of the City 
of Memphis, heretofore adopted and approved by the Mayor on 
the 7th day of January, 1909, the offer of the Bank of Commerce 
& Trust Company to purchase at par and accrued interest $252,- 


000 par value of the 6 per cent. certificates of indebtedness of 


1 Ordinance No. 2 passed April 16, 1909. 


Full au- 
thority to 
issue bonds. 


Bonds not in- 
valid for any 
irregularity. 


To be sold ta 
highest 
bidder. 


Preamble, 


752 


CITY ORDINANCES. 


STREET IMPROVEMENT BONDS. 


the City of Memphis, to be issued in the amounts and under the 
various improvement certificate ordinances mentioned in said 
resolution was accepted, which ordinances are hereby referred 
to by their numbers as follows: Improvement Certificate Ordi- 
nances Nos. 1, 2, 3, 4, 5, 7, 9, 10, 12, 13, 14, 15, 2G) oye 
26, 27, 30, 31, 32, 34, 35, 37, 39, 40, 41, 44 and 46; and, 


Whereas, in and by a certain resolution of the Legislative 
Council, adopted January 9, 1909, supplemental to said last — 
named resolution, a statement of the amounts of said certifi- 
cates of indebtedness so awarded and sold under each of said 
improvement certificate ordinances, respectively, was ordered 
spread on the minutes, together with a statement of the respec- 
tive amounts authorized by said improvement certificate ordi- 
nances, and a statement of the difference in each case between 
the amounts authorized and the amounts so sold, from which 
it appears that said differences amount, in the aggregate, to the 
sum of $8,100; and, 

Whereas, none of said certificates of indebtedness so agreed 
to be purchased and sold have been executed or delivered except 
the certificates sold under Improvement Certificate Ordinance 


No. 3, in the amount of $13,500; and, 


Whereas, it is deemed advisable, instead of issuing the balance 
of said certificates of indebtedness (other than those heretofore 
issued and delivered under Improvement Certificate Ordinance 
No. 3), to issue and deliver street improvement bonds under and 
pursuant to the provisions of an act passed by the General As- 
sembly of the State of Tennessee, on the 15th day of February, 
1909, and approved by the Governor on the 20th day of February, 
1909, known as Senate Bill. No. 282, amending Chapter 341 of 
the Acts of 1907, approved April 11, 1907, and to include in said 
issue of bonds the additional amount of $6,000, representing a 
portion of the aggregate excess of the amounts authorized by 


said improvement certificate ordinances (other than Improve- 


CITY ORDINANCES. 


ify) 


STREET IMPROVEMENT BONDS. 


ment Certificate Ordinance No. 3) over and above the amount 
so awarded said Bank of Commerce & Trust Company, thus mak- 
ing the amount of bonds to be issued hereunder $245,000, a sum 
not in excess of two-thirds of the total estimated cost of the 
improvements more particularly described in said improvement 
certificate ordinances (other than Improvement Certificate Ordi- 


nance No. 3); and, 


Whereas, it is deemed advisable to provide in said bonds that 
they shall mature and be payable at the respective due dates 
mentioned therein without any right or option of the City of 
Memphis to pay the principal thereof prior to their respective 


dates of absolute maturity; and, 


Whereas, said Bank of Commerce & Trust Company has agreed 
to accept the bonds hereinafter authorized in the aggregate 
amount of $245,000, without option of redemption prior to the 
dates of their absolute maturity, in lieu of the balance of the cer- 
tificates of indebtedness heretofore awarded them, not as yet 
executed or delivered, and to pay therefor par and accrued in- 


terest; and, 


Whereas, the Legislative Council has heretofore estimated and 
does hereby estimate the cost of the various street improvements 
hereinbefore referred to (other than the improvement described 
in Improvement Certificate Ordinance No. 3), said ordinances 
being referred to by their numbers; No. 1, Laclede avenue, be- 
tween La Belle place and Lauderdale street, $3,340.00; No. 2, 
Orleans street, between Beale avenue and Tate street, $9,750.00; 
No. 4, Belvedere place, between Union avenue and Poplar avenue, 
$7,816.25; No. 5, College street, between East McLemore avenue 
and Trigg avenue, $3,947.38; No. 7, Gaston. avenue, between 
Fatton street and South Wellington street, $5,866.07; No. 9, Azalia 
street, between East McLemore avenue and East Trigg avenue, 
$5,611.26; No. 10, Pine street, between Unicn avenue and Linden 


avenue, $3,071.68; No. 12, South Willett street, between Harbert 


754 


CITY ORDINANCES. 


STREET IMPROVEMENT BONDS. 


avenue and Central avenue, $4,096.26; No. 13, North Montgomery 


street, between Poplar avenue and Autumn avenue, $8,810.73; 


No. 14, Beale avenue, between South Fourth street and South © 


Orleans street, $15,832.50; No. 15, Jackson avenue, between North 
Manassas street and North Bellevue boulevard, $15,740; No. 16, 


Decatur street, between Jackson avenue and Vollentine avenue, 


$9,428.27; No. 17, North Dunlap street, between Jackson avenue 


and Keel avenue, $10,447.55; No. 18, Peabody avenue, between 


East street and South Somerville street, $6,477.00; No. 22, Ayres 


street, between Jackson avenue and Vollentine avenue, $9,330.55; 
No. 24, Carr avenue, between South Somerville street and South 
Bellevue boulevard, $4,053.60; No. 26, Rozelle street, between 
Central avenue and Harbert avenue, $3,655.00; No. 27, Hast Jo- 
seph place, between Ayers street and Breedlove street, $4,873.95; 
No. 30 Woodlawn street, between Jackson avenue and Loo- 
ney avenue, $4,042.50; No. 31, Jackson avenue, between Nortn 
Main street and Auction avenue, $12,678.60; No. 32, Jackson ave- 
nue, between Auction avenue and North Manassas street, $7- 


074.04; No. 34, Peabody avenue, between South McLean boulevard 


and South Rembert street, $6,080.82; No. 35, Florida avenue, be- 


tween Virginia avenue and Trigg avenue, $22,313.44: No. 37, Large 
den street, between LeMaster street and South McLean boulevard, 
$3,767.30; No. 39, Madison avenue, between Piomingo avenue and 
Cooper street, $162,750; No. 40, Rayner street, between Lamar 


avenue and East McLemore avenue, $7,344.00; No. 41, North 


Montgomery street, between Madison avenue and Jefferson ave- 


nue, $3,816.40; No. 44, Central avenue, between Cooper street and 


South Barksdale street, $7,212.00; No. 46, Tate avenue, between 


- South Orleans street and Walnut street, $3,306.50; the total esti- 


Issue $245,000 
street im- 
provement 
bonds. 


mated amount of the cost of all the said improvements aggre- 


gating $372,533.65. 


Sec. 1214. Be it ordained by the Legislative Council of the 


City of Memphis, That under and by virtue of the provisions of 


7. phe 
ae 


CITY ORDINANCES. 


‘eS 


STREET IMPROVEMENT BONDS. 


Chapter 341 of the Acts of the General Assembly of the State 
of Tennessee, for the year 1907, as amended and supplemented 
by the act approved February 20, 1909, known as Senate Bill No. 
282, the City of Memphis will issue, and the Mayor and Register 
are hereby authorized to execute and deliver, $245,000 in street 
improvement bonds, negotiable and payable to bearer, the same 
to be issued and the proceeds thereof to be used exclusively in 
the payment of the cost of the improvement of the streets last 
above referred to, and more particularly described in the ordi- 
nances hereinbefore recited (other than the improvement re- 


ferred to in Improvement Certificate Ordinance No. 3). 


Sec. 1215. Said bonds shall be issued in the denomination of 
$1,000 each, and shall be dated the ist day of March, 1909; one- 
fifth of said bonds shall mature in one year, one-fifth in two 
years, one-fifth in three years, one-fifth in four years, and one- 
fifth in five years from their date, without option of prior re- 
demption; they shall bear interest at the rate of 6 per cent. 
per annum, to be evidenced by attached coupons, maturing semi- 
annually on the first days of March and September in each year; 
principal and interest thereon shall be payable at the office ot 
the City Register, in the City of Memphis, Tennessee, or at the 
office of the United States Mortgage & Trust Company, in the 
City of New York, at the option of the holder. 


Sec. 1216. The proceeds ining from the collection of assess- 
ments levied or to be levied for the improvements hereinbefore 
referred to be, and the same hereby are, set apart as a fund 
pledged for the payment of the principal and interest of said 
bonds; and the full. faith and credit of the City of Memphis are 


hereby pledged for the payment of said principal and interest. 


Bonds pay- 
able in five 
equal install- 
ments. 


Proceeds 
from assess- 
ments set 
aside to 
pay bonds. 


756 


CITY ORDINANCES. 


STREET IMPROVEMENT BONDS. 


Form of bond. 


Sec. 1217. Be it further ordained, That the form of said. bonds 
and coupons shall be substantially as follows: 
UNITED. STATES OF AMERICA, 
STATE OF TENNESSEE, 
CITY OF MEMPHIS. 
STREET IMPROVEMENT BOND. SERIES 1 OF 1909. 


INO:. On sees $1,000. 


The City of Memphis, Tennessee, a municipal corporation or- 
ganized and existing under the laws of the State of Tennessee, 
for value BU Nee SL hereby acknowledges itself indebted and 
promises to pay to the bearer the sum of one thousand dollars. 
lawful money of the United States, on the ist day of March, 
19...., with interest thereon at the rate of 6 per cent. per 
annum, payable semi-annually, on the ist days of March and 
September, in each year, until this bond is paid, upon presenta- 
tion and surrender of the annexed coupons as they severally fall 
due, both principal and interest being payable at the office of 
the City Register, in Memphis, Tennessee, or at the ‘office of 
the United States Mortgage & Trust Company, in the City of 
New York, at the option of the holder. 


This bond is issued under and in pursuance of and in strict 
conformity with an act of the General Assembly of the State 
of Tennessee, approved April 11, 1907, being Chapter 341 of the 
Acts of the year 1907, as amended and supplemented by an act 
approved February 20, 1909, known as Senate Bill No. 282, and 
other statutes, and the Constitution of said State, and the charter 
of said city, in such cases made and provided, and under and 
pursuant to ordinances and proceedings of said city, duly adopted 
and had, and to provide means to pay not exceeding two-thirds 
of the estimated cost of certain street improvements. 

It is hereby certified, recited and declared that all acts, condi- 
tions and things required to be done, exist and be performed 


precedent to and in the issuance of this bond, in order to make 


CITY ORDINANCES. 


757 


STREET IMPROVEMENT BONDS. 


this bond a legal, valid and binding obligation of the City of 
“Memphis, have been done, existed and been performed, in regular 
and due time, form and manner as required by law, and that 
the indebtedness represented by this bond, together with all other 
indebtedness of said city, does not exceed any limit prescribed 
by the Constitution or statutes of said State or the charter of 
said city. The full faith and credit of the City of Memphis are 
hereby pledged for the prompt payment of the principal and in- 


terest of this bond as the same become due. 


In witness whereof, the Mayor of said City of Memphis and 
the City Register of said city have signed this bond and at- 
tached the seal of said city, and caused the interest coupons 
hereto attached to be signed with the fac-simile signatures of 
said Mayor and said City Register, and this bond to be dated 
the 1st day of March, 1909. 


FORM OF COUPON. 


oats tea $30.00 


Bmrtieeiitat. day) Of... . ss oes eevee 
Memphis, Tennessee, will pay to the bearer, at the office of the 
City Register, in Memphis, Tennessee, or at the office of the 
United States Mortgage & Trust Company, in the City of New 
York, at the option of the holder, thirty dollars ($30.00), being 
six months’ interest then due on street improvement bond of said 


city, dated the first day of March, 1909, series 1 of 1909. 


Sec. 1218. Upon the execution of said bonds, the Mayor be, ee 
0 


ie Loe res CGS CILY, (OL Koruna, of 


coupon. 


and he hereby is, authorized to deliver said bonds to said Bank 


very 
onds. 


198 


CITY ORDINANCES. 


POLICE STATION BONDS. 


of Commerce & Trust Company, upon the payment of the pur- 


chase price therefor. 


Sec. 1219. The provisions of any and all ordinances or reso- 
lutions inconsistent herewith be, and the same hereby are, re- 
pealed. 


Passed final reading Friday, March 5, 1909. 


ARTICLE 75A. 
ORDINANCE. 


AN ORDINANCE to provide for the issuance of police station 


bonds in the sum of $260,000.00 under the provisions of an act 


of the Legislature, being Senate Bill No. 484, Chapter 356, ap- 
proved April 30, 1909. 


Section 1. Be it ordained by the Legislative Council of the 
City of Memphis, That for the purpose of raising funds for the 
erection of the police station and an engine house in said city, 
and for tearing down an old engine house in said city, the City 


of Memphis, under the authority of, and in accordance with, the 


provisions of the act of the General Assembly of Tennessee, ap- 


Issue $260,000 
bonds. 


Interest. 


proved April 30, 1909, being Senate Bill No. 484, will issue the 


negotiable bonds of the City of Memphis in the amount of $260,- 


'000.00. Said bonds shall bear interest at the rate of four (4) 


per cent. per annum, payable semi-annually, and said bonds shall 


bear the date August 1, 1909, and shall mature August 1, 1949; 


and the principal and interest of said bonds shall be payable in 
lawful money of the United States at the office of the United 
States Mortgage & Trust Company, in the City of New York, 


State of New York, or at the City Hall in the City of Memphis, | 


Tennessee, at the option of the holder. The interest on said bonds 


shall be payable semi-annually, and shall be evidenced by cou- 


‘pons attached to said bonds, payable August and February otf 


each year. Said bonds shall ke of the denominations of $1,000.00 


each, and shall be signed by the Mayor and City Register of the. 


CITY ORDINANCES. 


759° 


POLICE STATION BONDS. 


City of Memphis; and the interest coupons shall bear the printed 
or lithographed fac-simile of the signature of the Mayor. Said 
bonds shall be in substantially the form set forth in Section 4 of 


the act approved April 30, 1909, hereinbefore mentioned. 


Sec. 2. Be it further ordained, That said bonds shall be sold 
by the Police Station Building Commission for the highest terms 
offered, provided the said bonds shall not be sold for less than 
par. The cost of printing and the expenses of sale of said bonds 
and the brokerage or commission to the purchaser, not exceeding 
one-eighth of 1 per cent. of the amount of the bonds sold, may 
be paid out of the proceeds of sale of said bonds, whether the 


same are sold at par or above par. 


Sec. 3. Be it further ordained, That when said bonds are is- 
sued by the Legislative Council of the City of Memphis they 
shall be turned over to the Police Station Building Commission, 
under the provisions of Senate Bill No. 484 of the General As- 
Reinhly. of the State of Tennessee above mentioned, and for the 


uses and purposes set forth in that act. 


Sec. 4. Be it further ordained, That the Police Station Build- 
ing Commission is hereby given irrepealable power and authority 
and is directed to pay the interest on said bonds, evidenced by 
the coupons thereto attached, as the same matures out of taxes 
collected annually by the Legislative Council of the City of Mem- 
phis as directed by said act of the General Assembly of Ten- 


nessee. 


Sec. 5. Be it further ordained, That the City of Memphis does 
hereby pledge its full faith and credit for the payment of the 
principal and interest of all of said bonds, according to their 


tenor; and the City of Memphis hereby pledges and obligates 


How to 
be sold. 


Bonds turned 
over to 
Commission. 


Interest—by 
whom paid,. 


ete. 

Levy tax to 
pay bonds 
and _ interest. 


itself, in addition to all other taxes authorized by law, to levy | 


a tax to pay said bonds and coupons at their maturity. 


760 


CITY ORDINANCES. 


POLICE STATION BONDS. 


Commission 
to sell bonds. 


@ 


Sec. 6. Be it further ordained, That this ordinance shall, with- 
out any other ordinance or act upon the part of the Legislative 
Council, te full and complete authority for the issuance of said 
bonds, and for the sale and delivery thereof by the Police Sta- 
tion Building Commission aforesaid. Said bonds shall have all 
the qualities of negotiable paper under the law merchant, and 
shall not be invalid for any irregularities or defects in the pro- 
ceedings or the issues and sale thereof, and shall be incontestable 
in the hands of bona fide holders for value. All ordinances and 
parts of ordinances, general or special, so far as they are incon- 


sistent with this ordinance, are hereby repealed. 


Sec. 7. Be it further ordained, That said bonds shall be sold 
to the highest bidder, after being advertised daily for thirty (30) 


days in some newspaper published in the City of Memphis by 


said Police Station Building Commission. 


Sec. 8. Be it further ordained, That this ordinance take effect 
from and after its passage, the public welfare requiring it. 


Passed final reading June 15, 1909. 


CITY ORDINANCES. 761 


MEMPHIS STREET RAILWAY. 


ORDINANCES RELATING TO PUBLIC UTILITIES. 


ARTICLE 76. 


MEMPHIS STREET RAILWAY COMPANY. ORDINANCE NO. 1. 


Sec. 1220. Be it ordained by the Legislative Council of the ey 
City of Memphis, That the Memphis Street Railway Company, ‘ 
a corporation chartered under the general laws of the State of 
Tennessee, is hereby for a term of fifty years given permission 
and granted the right to construct, maintain and operate a street 
railroad with single or double tracks, by electric, overhead or 
other system that may be hereafter approved by the Legislative 
Council of said city, on and over all streets and highways named 
in the charter of said company, in as full and complete a manner 
and to the same extent as is in said charter authorized, and to 
that end said company is empowered to erect and use all neces- 
sary buildings, poles,, wires and other appliances and equip- 
ments. 

The above permission is given, however, upon the following 


terms and conditions: 


1. That the said company shall keep and maintain during the sService, 
entire period of its operation of said lines of railway over said 
streets its system of electricity in good order and repair, and 


give the public a first-class service. 


2. That said company shall maintain in good condition and Repair of 
repair within its tracks, and for two feet on each outside thereof, bridges i 
all streets and the roadways of all bridges occupied by it in 
Said city with its tracks. 


9 


3. That on all streets occupied by said company, and which 


are now paved, said company will keep the same within its 


bo 


CITY ORDINANCHBES. 


MEMPHIS STREET RAILWAY. 


Unpaved 
streets, 


City to pave 
portion, 


City to pre- 
scribe kind 


ot 


pavement. 


tracks, and for two feet on each outside thereof, in good order 
and repair, and will at all times maintain the same in good 


condition. 


4. That on all unpaved streets occupied by said company it 
is to pave between its tracks, either with brick, macadam, stone, 
concrete, gravel or other suitable material, if agreed on between 


the City Council and the said company. 


5. Should the city, at any future time, pave any of said streets 
so occupied by said company, which are now unpaved, then the 
city is to pave up to a line within two feet of the outside rails 
of said company’s tracks, and said company is to contempora- 


neously pave in like manner and with like material, and there- 


after keep and maintain the same between said tracks, and for 


two feet on each outside thereof in good condition. 


6. Should the city, at any time hereafter, determine to repave 
e street now or then already paved, said street car company un- 
dertakes and obligates itself, if the said city shall so direct, to 
repave said street, within its tracks and for two feet on each 
outside thereof with the same pavement (including the founda- 
tion and all incidental work thereon) that may be adopted and 
laid by said city on the balance of said roadway, the intent of 
this clause being that the said city may, from time to time, and 


at all times, whether a street be then already paved or not, pre- 


scribe the kind of pavement to be laid on any street, and that 


said street railroad company, if so directed, will, at its own 
expense, lay such pavement within its rails and for two feet on 
each outside, as may be adopted for and laid on the balance of 
such street by said city, so that the pavement over the entire 
street shall at all times be the same. The paving and incidental 
work thereof here undertaken to be done by said street car com- 
pany shall be done concurrently and uniformly with the paving of 


the balance of the street by said city. 


CITY ORDINANCES. 


763: 


MEMPHIS STREET RAILWAY. 


7. In the construction of its said lines of railroad, the said Rails used. 


company shall put down a tram rail, to be approved by the 
City Council, or such other rail as shall be specified by the City 
Council, and said rails shall be of such description and shall 
at, all times be so laid and maintained as will, as far as prac- 
ticable, leave the street as free from obstruction as before its 


use by the said company. 


8. The said company shall confine itself exclusively to the 
carriage of passengers, except that it may carry freight for its 


own use. 


9. Should said company fail to do the work on the streets 
herein contemplated and provided, between their tracks and for 
two feet on each outside thereof, and maintain the same as herein 
provided, the city, after giving said company twenty days’ notice 
in writing of such failure, may have the same done under the 
direction and supervision of the Engineer of said city, at the 
sole expense of said company, and the aztual sums paid out by 
said city, through its Engineer, shall be conclusive upon said 
company as to the amount due said city from said company 
for the work so done, and there shall be a first lien upon all 


the properties of said company as security therefor. 


10. Said company shall not charge any passenger exceeding 


five cents for a single fare from one point to another within’ said 
city limits for one single continuous trip on the same car; pro- 
vided, that no fare shall be charged for children under five years 
of age, when accompanied by parents or other persons in charge 
of them; and if, after the passage of this ordinance, it appears 
tc the Legislative Council that Memphis is entitled to a cheaper 
fare, then, by resolution or ordinance, the said Council may, at 
any time, require said car company to sell eleven tickets for 


fifty cents. 


Freight. 


Failure of 
company to 
maintain 
streets. 


Fare 


charged. 


764 CITY ORDINANCES. 


MEMPHIS STREET RAILWAY. 


Motive power. 11. The said company shall not use steam as a motive power, 
or change the motive power from the present electric system, 


without the consent of the said city. 


Poscheay of 12. Permission is hereby expressly given by the City of io 
wa phis to the said Memphis Street Railway Company, and it is 
expressly authorized and empowered to purchase from the Citi- 
zens’ Street Railroad Company, of Shelby County, Tennessee, 
the East End Street Railway Company, the City & Suburban 
Railway Company, and the Memphis & Raleigh Springs Rail- 
way Company, and from any or either of them, its or their 
street railroad or roads, power-houses, cars, equipments and prop- 
erties of every kind and description, upon such terms as may 
be agreed on between them and the said Memphis Street Railway 
Company, pursuant to the acts of the Legislature of Tennessee, 
passed February 8, 1895, approved February 12, 1895, and there- 
after to maintain and operate same; and when said purchase 
or purchases shall have been made and consummated the said 
Memphis Street Rilway Company shall become bound to carry 
out and perform all the terms and conditions of this ordinance 


in respect of said purchased lines. 


Extension 13. The foregoing grants set forth above are made upon the 
eee further condition that said Memphis Street Raieay Company, 
within twelve months from the date hereof, will extend the Main 
street line south as follows: From Main street on Virginia 
avenue to Florida avenue, thence on Florida avenue to Gholson 
avenue, thence on Gholson avenue to Kansas avenue, thence on 
Kansas avenue to a point near the Equitable Gas Works; and will 
extend the Second street line north from present terminus of 
Citizens’ Street Railroad, on Second street, or Randolph road, 
to a point at or beyond the Chesapeake & Ohio Railroad cross- 


ing; and will extend the Vance street line from the present ter- 


minus of Citizens’ Street Railroad south on East street to Lamar — 


CITY ORDINANCES. 


765 


MEMPHIS STREET RAILWAY. 


avenue, thence in an eastwardly direction about one mile, and 
will have what is known as the Johnson avenue line of Citizens’ 
Street Railroad changed so as to run direct from intersection of 
Johnson avenue and High street on and over Johnson avenue 
or Jackson street to Main street, thence south on Main street 
to Beale, west and south over Beale, Shelby, Calhoun and other 
streets now occupied to Fort Pickering. All said changes and 
extensions shall be made within twelve months. If such changes 
or extensions should be prevented by legal proceedings, the pe- 
riod of such prevention shall not be included in computing said 


period of twelve months. 


14. The said company shall, for one cash fare of five cents, 
furnish transfers during.all hours of the day to 7:30 o’clock p. m. 
at all intersections on Main street, as now or hereafter estab- 
lished, and at the intersection of Madison and Second streets, 
and Poplar and Second streets on the Second street line for one 
continuous ride between any two points within said city limits 
as now or hereafter established; such transfer system to take 
effect on and after January 1, 1896, and from January 1, 1900, 
said company shall provide such general transfer system as will 
enable passengers at all hours during the operation of cars to 
obtain for a five-cent cash fare a continuous passage between 
any two points on any of its lines within said city limits, as 
now or hereafter established; provided, however, that the said 
railway company may make and enforce such rules and regula- 
tions in regard to transfers as to require their use at the junc- 
tions and intersections of the different lines on which said trans- 
fers are to be used, and not elsewhere, and to limit the time 
within which they are to be used, so that they will be available 
only for the first connecting car, and as to any other matters 
necessary to protect the said company from imposition and abuse 
by reason of such transfers. The system of general transfer shall 


be entirely to the satisfaction of the City Council. 


Transfers. 


766 


CITY ORDINANCES. 


MEMPHIS STREET RAILWAY. 


Conflict be- 
tween ordi- 
nance and 
charter. 


Forfeitures. 


15. It is a further condition of this ordinance that in all 
respects in which the ordinance and the charter of the said car 
company may vary or conflict the ordinance shall prevail, and 
consent of the city to the operation of the cars of said company 
over its streets and the exercise in said city of the franchises 


of said car company being given only under the terms and con- 


ditions of this ordinance; it is further conditioned that, in the 


event it shall at any time be determined that any of the provi- 
sions of this ordinance are ineffective or void because in conflict 
or at variance with the charter, or for any other reasons what- 
soever, and in the further event that said street car company 
shall avail itself of or in any manner take advantage of said 
decision, or without such decision should attempt to avail itself 
of any charter provision in conflict or at’ variance witn this 
ordinance, then this ordinance and all its provisions and the said 


consent of the city are to be and become null and void. 


16. The charter of said car company, taken out under the 
general laws of the State and this ordinance, shall be the sole 
and controlling one between the city and said car company, and 
embody all the municipal law and requirements on the subject; 
and, in the event said car company shall purchase the franchises, 
properties, etc., of the Citizens’ Street Railroad Company, and 
either said car company or said Citizens’ Street Railroad Com- 
pany should, at any time after such purchase, attempt to occupy 


other or additional streets than those prescribed in the said 


charter of said Memphis Street Railway Company, and in this. 


ordinance, then said last named company shall forfeit to the 
city its rights to occupy the streets now occupied by said Citi- 
zens’ Street Railroad Company, and shall forfeit all the tracks 
laid thereon, the said Memphis Street Railway Company binding 
and obligating itself, in the event of said purchase, not to claim 
cr occupy under the charter of said Citizens’ Street Railroad 


Company, or otherwise, any of the streets of the City of Mem- 


eee 


CITY ORDINANCES. 767 


MEMPHIS STREET RAILWAY. 


phis, except such as are specified in the charter of said Memphis 


Street Railway Company, and in this ordinance. 


And, in the event of the purchase aforesaid of the franchises, 
properties, etc., of the Citizens’ Street Railroad Company, such 
properties, franchises, etc., shall be held and operated exclu- 
sively under the charter of said Memphis Street Railway Com- 


pany and this ordinance, and said Memphis Street Railway 


Company shall, in no event, revert, in respect thereof, to the 
charter or contract rights of said Citizens’ Street Railroad Com- 


pany. 


17. All the terms and provisions of this ordinance shall apply City limits. 
and be in force within the limits of said city as they are, or as 


they may be hereafter, established. 


18. It is, however, further understood that, in the event it 
should be held by any court of competent jurisdiction and last 
resort that this ordinance is void, then nothing contained in 
this ordinance shall in any way affect the charters of said Citi- 
zens’ Street Railroad Company, East End Street Railway Com- 
pany, City & Suburban Railway Company, or Memphis & Raleigh 
Springs Railroad Company, or either of them, and the ordinances 


and contracts under which they are now operating.’ 


ORDINANCE NO. 2. 
Sec. 1221. Be it ordained by the Legislative Council of the ees street 
City of Memphis, That the Memphis Street Railway Company 
is hereby given permission and granted the right to construct, 
maintain and operate a street railroad on Union street, from 
Hernando street to Walnut street; thence on Walnut street south 
to Spring street; thence on Spring street east to Raleigh avenue. 
This grant is made under the terms and conditions of the gen- 


eral ordinance of date November 20, 1895. 


1 Section 1220, Paragraphs 1 to 18, passed November 20, 1895. 
2 See amendment Ordinance No. 3, Section 1226, post. 


768 


CITY ORDINANCES. 


MEMPHIS STREET RAILWAY. 


Jefierson. 


Marshall 
ave. tracks 
removed. 


Monroe street 
abandoned. 


Curbing and 
gutters. 


Union § street. 
line. 


Amendment. 


Sec. 1222. Be it further ordained, That the said Memphis 
Street Railway Company is also given the right to lay down 
and operate its tracks on and over Jefferson street, from Second 
street to Main street, so that it may forms continuous line on 
and over Union street to Second street; thence on Second street 
to Jefferson street; thence on Jefferson street to Main street; 
thence on Main street south to Union street, and thence east on 


Union street.* 


Sec. 1223. Be it further ordained, That as soon as the tracks 
are laid from Hernando street to Walnut street the Memphis 
Street Railway Company shall remove its tracks on Marshali 
avenue from Madison street to Union avenue, leaving Marshall 


avenue in a condition satisfactory to the Street Commissioner. 


Sec. 1224. Be it further ordained, That the Memphis Street 
Railway Company shall abandon and relinquish any right it 
may possess or has possessed on Monroe street, and it shall file 


a stipulation evidencing such relinquishment. 


Sec. 1225. Be it further ordained, That by accepting the grant 
herein made, the Memphis Street Railway Company shall be 
bound to pay one-half of the entire cost of setting back the curb- 
ing and paving the gutters on each side of Union street, from 
the Bayou to Walnut street; and on Walnut street from Union 
street to Spring street, whenever the city shall determine to 


set back said curbing. 


ORDINANCE NO. 3. 
Sec. 1226. Be it ordained by the Legislative Council of the 
City of Memphis, That the ordinance passed permitting the Mem- 
phis Street Railroad Company to lay its tracks on Union street 


be, and the same is hereby, amended so as to provide that the 


3 See amendment resolution adopted October 9, 1902, Section 1228, post. 
1 Ordinance No. 2 passed May 18, 1889. 


ere 


CITY ORDINANCES. 


MEMPHIS STREET 


tracks of the said:company shall be laid on Myrtle street from 
Union to Beale street, and on Beale street from Myrtle street 
to Walnut street, and on Walnut street from Beale street to 
Spring street, and thence east on Spring street. And said com- 
pany shall not lay any tracks on Union street from Myrtle street 
to Walnut street, nor on Walnut street from Union street to 


Beale street.? 


ORDINANCE NO. 4. 

Sec. 1227. Be it ordained by the Legislative Council of the 
City of Memphis, That the Memphis Street Railway Company is 
hereby granted the privilege of laying and operating a track 
on Pauline street, from Lamar boulevard north to Vance street, 
a distance of two blocks; thence west on Vance street, connecting 
with its present line at Vance and Hast streets; and said Mem- 
phis Street Railway Company is also granted privilege to con- 
struct and operate a double track on Thomas avenue, from New 
Raleigh road to Brinkley street; provided, however, these privi- 
leges and any properties, franchises or rights acquired or main- 
tained under this ordinance. shall be exercised, owned and oper- 
ated strictly under the terms, conditions and provisions of the 
ordinance passed November 20, 1895, and also in accordance with 
all other regulations now or hereafter provided by law or ordi- 
nance governing the laying or operation of street cars in the 
city; and provided, that said tracks shall be laid and completed 
within ninety days from this date. Provided, further, that no 
powers are herein granted not specified in ordinance passed 
November 20, 1895, not passing on the question as to what rights, 
if any, were therein granted, and that in granting this petition 
the said Street Railway Company shall take the above named 
streets in the condition they are now, and all grading and filling 


be done without expense to the city? 


1 Ordinance No. 3 passed November 21, 1899. See Section 1221, ante. 
2 Ordinance No. 4 passed May 9, 191. 


Tracks 
Pauline 
‘street. 


Thomas 
avenue, 


on 


769 


RAILWAY. 


770 


CITY ORDINANCES. 


MEMPHIS STREET RAILWAY. 


Tracks moved 


off Second 
street. 


Tracks on 
Third and 


other streets. 


Extension 
of tracks 
on Raleigh 
avenue. 


RESOLUTION NO. 5. 


Whereas, owing to the rapid growth of the city, it is deemed 
expedient and to the best interests thereof, that Second street 
be given over more exclusively to the wholesale interests of the 
city, and that the absence of the street railway service from this 
street would convenience and facilitate the said interests; there- 


fore be it 


Sec. 1228. Resolved, That the Memphis Street Railway Com- 
pany is requested to remove its service from Second street, from 
Union street to Keel street; with the understanding, however, 
that if at any time it should be deemed expedient, and permission 
should be given to occupy this particular section of the street with 
any street railway, the said Memphis Street Railway Company 


shall then have the first right to again occupy the said street.’ 


RESOLUTION NO. 6. 


Sec. 1229. Be it resolved, That the Memphis Street Railway 
Company is hereby given permission, subject to all the rights, 
privileges, conditions and obligations of the ordinance passed 
November 20th, 1895, to occupy with its tracks and service the 
following streets: 

Main street from Mill street to Keel street, Keel street from 
Main street to Second street, Jefferson street from Second street 
to Third street, and Third street from Jefferson street to Union 


street.’ 


RESOLUTION NO. 7. 


Sec. 1230. Be it resolved by the Legislative Council of the 
City of Memphis, That the Memphis Street Railway Company 
be, and is hereby, given right of way and permission, subject 


to the ordinance passed November 20, 1895, to extend its present 


1 Resolution No. 5 adopted October 9, 1902. 
2 Resolution No. 6 adopted October 9, 1902. 


CITY ORDINANCES. 


riya 


MEMPHIS STREET RAILWAY. 


‘ 


Union and Spring street tracks from the intersection of Spring 
street and Raleigh avenue, its present terminus, south on Ra- 
leigh avenue to Appeal avenue, a distance of 1,100 feet, more 


or less.? 


RESOLUTION NO. 8. 

Sec. 1231. Be it resolved by the Legislative Council of the 
City of Memphis, That the Memphis Street Railway Company 
is hereby given permission, subject to all rights, privileges, con- 
ditions and obligations of the ordinance passed November 20th, 
1895, to occupy with its tracks and service Florida avenue from 


Gholson street to the south side of Kerr avenue.’ 


ORDINANCE NO. 9. 

Sec. 1232. Be it ordained by the Legislative Council of the 
City of Memphis, That the Memphis Street Railway Company is 
hereby granted the privilege of laying and operating a double 
track over a neutral strip twenty feet wide, in the center of 
Central avenue, from the present terminus of said street car 
company’s tracks in Central avenue to McLean avenue; provided, 
however, these privileges and any properties, franchises or rights 
acquired or maintained under this ordinance shall be owned, 
exercised and operated strictly under the terms, conditions and 


provisions of the ordinance passed November 20, 1895.3 


ORDINANCE NO. 10. 
MEMPHIS STREET RAILWAY EXTENSION COMPANY. 
Consenting to the use of streets and the laying down of railway 
tracks therein by the Memphis Street Railway Extension Com- 


pany. 


1 Resolution No. 7 adopted August 13, 1903. 
2 Section 1231 adopted October 8, 1903. 
3 Section 1232 passed February 4, 1904. 


Street Rail- 
way to oc- 
cupy Florida 
avenue. 


Neutral strip 
on Central 
avenue. 


772 


CITY ORDINANCES. 


MEMPHIS STREET RAILWAY.. 


Franchise 
term until 
Nov. 20, 19465. 


Streets 
named in 
charter. 


Peabody 
avenue. 


Term of com- 
pletion of 
extensions, 


Sec. 1233. Be it ordained by the Legislative Council of the 
City of Memphis, That the Memphis Street Railway Extension 
Company, a corporation organized and existing under the gen- 
eral laws of the State of Tennessee, is hereby given permission 
and granted the right, until November 20, 1945, to construct, 
maintain and operate a street railroad, with single or double 
tracks, by electric, overhead or other system that may be here- 
after approved by the Legislative Council of said city, on and 
over each of the. streets and highways within the present and 
future limits of the City of Memphis, forming part of the routes 
named in the charter of said company, in as full and complete 
a manner, and to the same extent as is in said charter author- 
ized, and to that end said company is empowered to erect and 
use all necessary buildings, poles, wires and other appliances 


and equipments. 


Provided, however, that the right of the Memphis Street Rail- 
way Extension Company to traverse Peabody avenue from Ra- 
leigh avenue to McLean avenue be conditioned upon the failure 
of the City Street Railway Company to comply with the require- 
ments of the ordinance of January 24, 1905, granting said last 
named company a franchise, and in the event of compliance 
therewith by said last named company the right of said Memphis 
Street Railway Extension Company to Peabody avenue shall 
not attach; but no waiver of rights of the Memphis Street Rail- 


way Company in the neutral strip on said Peabody avenue is 


hereby made; and, 


Provided, further, that all extensions herein provided for shall 
be completed to the city limits by December 1, 1905, unless pre- 
vented by legal proceedings, in which event the time required for 
the final determination of said legal proceedings shall be added 
to said date December 1, 1905, under penalty that the rights con- 
ferred by this ordinance to said extensions shall be forfeited; 


and, 


CITY ORDINANCES. 


773 


MEMPHIS STREET RAILWAY. 


Provided, further, that the company be required to stop all 
its cars to receive or discharge passengers at all street crossings 
and at the intersections of streets; and to fill up space between 
rails and two feet on outside of the outside rails on Poplar street 


flush with rails, and keep said’ space filled and flush with same. 


The permission hereby given is upon like terms and conditions 
set forth in an ordinance granted to the Memphis Street Rail- 
way Company by the Legislative Council of the City of Memphis, 
passed November 20, 1895 (except subdivision 13 thereof), and 


upon the following further terms and conditions: 


1. That no additional tracks shall be laid by said company 
on streets where tracks of the Memphis Street Railway Company 
already exist, but the consent hereby given with respect to such 
streets is to be effective only upon obtaining the authority of the 
Memphis Street Railway Company for the use of its tracks on 


such streets. 


2. Permission, consent and approval is hereby given to the 
said Memphis Street Railway Extension Company to sell, lease 
or dispose of by any lawful contract to the Memphis Street 
Railway Company, all and singular, its railroads, rights, fran- 


chises and properties of every character and description. 


Sec. 2. Said Memphis Street Railway Extension Company 
shall, in writing, within five days from the passage hereof, ac- 
cept this ordinance, and all its terms and conditions. 


Passed final reading Wednesday, February 22, 1905.1 


STIPULATION. THE MEMPHIS STREET RAILWAY EXTENSION COMPANY. 
Copy of proceedings had and taken by the Board of Directors 
of the Memphis Street Railway Extension Company, at a meeting 


held on February 22, 1905: 


1 See amendment, Post Section 1234 et seq. Ordinance No. 11. 


Required to 
stop cars, 
etc.—where. 


Conditions in 
ordinance 
passed Noy. 
20, 1895, 


Further con- 
ditions. 


Permission 
to sell rights 
hereunder. 


774 


CITY ORDINANCES. 


MEMPHIS STREET RAILWAY. 


Mr. McCrea offered the following preamble and resolution, 


and moved the adoption of the same: 


Whereas, this company heretofore made application to the 
Legislative Council of the City of Memphis for consent to con- 
struct, maintain and operate its lines of street railroad upon the 
routes and over the streets mentioned and described in the char- 


ter of the company; and, 


Whereas, the Legislative Council of the City of Memphis, on 
February 22, 1905, duly passed the following ordinance: (here 


appears in full the ordinance passed February 22, 1905); and, 


Whereas, this company desires to accept said ordinance as 
provided therein; be it therefore 

Resolved, That the Board of Directors of the Memphis Street 
Railway Extension Company does here and now formally accept 
said ordinance of the Legislative Council of the City of Mem- 
phis, as passed on the 22d day of February, 1905, and that the 
President formally notify the Mayor of the City of Memphis of 
See acceptance, by furnishing to him for and on behalf of said 
City of Memphis a certified copy of this preamble and resolution, 


under the seal of the corporation. 


I, Robert L.- Benson, do hereby certify that I am the Sec- 
retary of the Memphis Street Railway Extension Company; that 
the above and foregoing preamble and resolution is a true copy 
of proceedings had and taken at a meeting of the Board of 
Directors of said company, held at the office of the company, 
on the 22d day of February, 1905; that at said meeting all of . 
the directors of said company were present; and that said pre- 
amble and resolution were unanimously adopted, all of the direc- 
tors of said company voting in favor of the adoption of the 
same. 

And I do further certify that at a meeting of the stockholders 
of said company thereafter and on the 22d day of February, 1905, 
held, at which meeting all of the stockholders of said company 


CITY ORDINANCES. 


775. 


MEMPHIS STREET RAILWAY. 


were present, the action of the Board of Directors in accepting 
the said ordinance, passed by the Legislative Council of the City 
of Memphis on February 22d, 1905, was, by the unanimous vote 
of all of the stockholders of said company, duly approved, rati- 


fied and confirmed in all things. 


In witness whereof I have hereunto subscribed my name as 
Secretary of said company, and attached the corporate seal of 
the Memphis Street Railway Extension Company, this 22d day 
of February, 1905. 

(Seal M. S. Ry E. Co.) 
ROBERT L. BENSON, 


Secretary the Memphis Street Railway Extension Company. 


STIPULATION. MEMPHIS STREET RAILWAY EXTENSION COMPANY’S 


ACCEPTANCE OF ORDINANCE PASSED FEBRUARY 22, 1905. 


To the Honorable Mayor and Legislative Council of the City of 
Memphis: 


GENTLEMEN—In an ordinance consenting to the use of streets 
and the laying down of tracks therein by the Memphis Street 
Railway Extension Company, which passed its final reading and 
was approved February 22d, 1905, it is provided as follows, in 


Section 1 thereof: 


“Provided, however, that the right of the Memphis Street Rail- 
way Extension Company to traverse Peabody avenue from Ra- 
leigh avenue to McLean avenue be conditioned upon the failure 
of the City Street Railway Company to comply with the require- 
ments of the ordinance of January 24th, 1905, granting said last 
named company a franchise in the event of compliance therewith 
by the said last named company, the right of the said Memphis 
Street Railway Extension Company to Peabody avenue shall 
not attach, but no waiver of rights of the Memphis: Street Rail- 
way Company in the neutral strip on the said Peabody avenue 


is hereby made.” 


7 


76 


CITY ORDINANCES. 


MEMPHIS STREET RAILWAY. 


And, whereas, the said City Street Railway Company has failed 
to comply with the requirements of the ordinance of January 
24th, 1905, granting said City Street Railway Company a fran- 
chise, and, whereas, the Memphis Street Railway Extension Com- 
pany did, upon February 22d, 1905, accept in its entirety the ~ 
terms and conditions of the ordinance granting to it the use of 
the streets and the laying down of tracks therein; and 

Whereas, the said Memphis Street Railway Extension Company 
is desirous of traversing Peabody avenue from Raleigh avenue 
to McLean avenue, therefore, the said Memphis Street Railway 
Extension Company, through its duly authorized officers, does 
herewith notify the said City of Memphis that it does herewith 
accept the terms and conditions of the aforementioned ordinance 
with regard to that portion of its route on Peabody avenue from 
Raleigh avenue to McLean avenue. 

This notification, while not deemed necessary by the Memphis 
Street Railway Extension Company, is herewith given in order 
that there may be no question concerning its. full acceptance of 
the aforementioned ordinance. Respectfully, 

MEMPHIS STREET RAILWAY EXTENSION CO., 
By T. H. TUTWILER, V.-P. and G. M. 


_ ORDINANCE No. 11. 
MEMPHIS STREET RAILWAY COMPANE: 

AN ORDINANCE amending an ordinance consenting to the use 
of the streets of the City of Memphis and the laying down and 
operating of railway tracks therein, and a system of street 
railroad thereon by the Memphis Street Railway Extension 
Company, passed on its final reading February 22, 1905, and 
granting to the Memphis Street Railway Company, aie suc- 
cessor of the Memphis Street Railway Extension Company, the 
right to operate its system of street railroad as provided for in 

. the within mentioned amendment of the above mentioned ordi- 


nance. 


CITY ORDINANCES. 


777 


MEMPHIS STREET RAILWAY. 


Sec. 1234. Be it ordained by the Legislative Council of the 


City of Memphis, That an ordinance consenting to the use of the 


Memphis St. 
Ry. Co. 
successors 


to Memphis 
St. Ry. Exten- 


streets of the City of Memphis and the laying down of railway gion Company. 


tracks therein, and the operation of a system of street railroad 
thereon by the Memphis Street Railway Extension Company, 
passed final reading February 22, 1905, be, and the same is hereby, 
amended so as to strike out Kehoe street from Waldran avenue 
io Brinkley avenue and Brinkley avenue from Kehoe street to 
Lane avenue, in the route as stated in the charter of the Mem- 
phis Street Railway Extension Company, referred to in the above 
mentioned ordinance in connection with the extension of the 


Lane avenue car line. 


Sec. 1234a. Be it further ordained, That the Memphis Street 
Railway Company, a corporation organized and existing under 
the general laws of the State of Tennessee, successor to the Mem- 
phis Street Railway Extension Company, is hereby relieved from 
all obligation to construct and operate a street railway on Kehoe 
street from Waldran to Brinkley avenue, and on Brinkley avenue 
from Kehoe street to Lane avenue, as recited in route named 
in charter, and in lieu thereof the said Memphis Street Railway 
Company shall operate its cars both outgoing and returning over 


the route on Lane avenue and Waldran avenue, as recited in 


said charter of the Memphis Street Railway Extension Com-: 


pany. 


Sec. 1235. Be it further ordained, That said track shall be 
laid down and constructed under the supervision of the City 


Engineer and to his satisfaction. 


Sec. 1236. Be it further ordained, That the rights herein 
granted to the Memphis Street Railway Company are subject to 
the conditions contained in all contracts, heretofore existing be- 


tween the said Memphis Street Railway Company, or those from 


Routes 
eliminated. 


Routes sub- 
stituted. 


Construction. 


Conditions, 


778 CITY ORDINANCES. 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


whom it may have acquired its rights, and the City of Memphis, 
or the Taxing District of Shelby County, Tennessee. 
Passed final reading Tuesday, May 22, 1906.7 


(The charter of the Memphis Street Railway Extension Com- 
pany is herein inserted, for convenient reference. The ordinance 
of February 22, 1905, granting said company the right to main- 
tain and operate tracks over part of the routes named herein. 
See ordinance passed February 22, 1905, Sec. 1233 ante.—Com- 


piler’s Note.) 


CHARTER OF THE MEMPHIS STREET RAILWAY EXTENSION COMPANY, 
FEBRUARY, 1905. 
STATE OF TENNESSEE, 
DEPARTMENT OF STATE. 

I, John W. Morton! Secretary of the State of Tennessee, do 
certify that the annexed ingen. with certificates of acknow!- 
edgment of probate and registration, was filed in my office for 
registration on the 20th day of February, 1905, and recorded on 
the 20th day of February, 1905, in Corporation Record Book p. 3, 
in said office, page 246, et seq. 

In testimony whereof I have hereunto subscribed my official 
signature, and, by order of the Governor, affixed the Great Seal 
of the State of Tennessee, at the Department, in the City of 
Nashville, this 20th day of February, A.D. 1905. 

(Signed. ) JNO. W. MORTON, Secretary of State. 
(Seal.) 


STATE OF TENNESSEE. CHARTER OF INCORPORATION. 

Be it known that Frank G. Jones, W. S. McCrea, Robert L. 
Benson, James F. Meagher and Edward J. Karr, are hereby con- 
stituted a body politic and corporate, by the name and style of 
“The Memphis Street Railway Extension Company,” for the pur- 


pose of constructing a street railroad in the Taxing District 
\ 


1 Original ordinance. See supra, Section 710. 


CITY ORDINANCES. 


779 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


known as the City of Memphis, and in the County of Shelby, 
State of Tennessee, upon the following routes: 

Commencing at the intersection of Madison street and Main 
street, in said City of Memphis, extending north on Main street 
te Mill street, east on Mill street to Sixth street, north on Sixth 
street to Chelsea street, east on Chelsea street and New Raleigh 
road to Thomas avenue, and thence north on Thomas avenue 
to a terminus at or near Wolf River. 

Commencing at the intersection of Chelsea street and Sixth 
street, in said City of Memphis, extending west on Chelsea street 
to Fifth street, and thence south on Fifth street to a terminus 


at the intersection of said street with Mill street. 


Commencing at the intersection of New Raleigh road and 
Thomas avenue, in said City of Memphis, and thence extending 


northeast on New Raleigh road to a terminus at Manassas street. 


Commencing at the intersection of Union street and Hernando 
street, in said City of Memphis, and thence extending south on 
Hernando street to a terminus at the intersection of said street 
with Vance street. 

Commencing at the intersection of Vance street and Hernando 
street, in said City of Memphis, extending south on Hernando 
street to Georgia street, and thence east on Georgia street to a 


terminus at the intersection of said street with Davie avenue. 


Commencing at the intersection of Mill street and Main street 
in said City of Memphis, extending north on Main street to 
Keel street, east on Keel street to Second street, north on Second 
‘street to the city limits, thence still north along the continuation 
of Second street (or New Randolph road) to a terminus on said 
road opposite the crossing of the Illinois Central Railroad, with 
such right of extension along roads or turnpikes leading into 


Said city as now is, or hereafter may be, authorized by law. 


Commencing at the intersection of Main street and Poplar 


Street, in said City of Memphis, extending east on Poplar street 


780 


CITY ORDINANCES. 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


to Evergreen avenue, north along Evergreen avenue to and across 
Dewey avenue, east on a private right of way parallel with Dewey 
avenue to the town of Binghamton, and thence in a north- 


easterly direction on a private right of way to a terminus at or 


-near the crossing of Wolf River, with such right of extension 


on roads and turnpikes leading into said city as now is, or may 


hereafter be, authorized by law. 


Commencing at the intersection of Main street and Vance 
street, in said City of Memphis, extending east on Vance street 
to East street, south on Hast street to Lamar avenue, and east 
along Lamar avenue to a terminus at the intersection of said 


avenue with Brown avenue. 


Commencing at the intersection of Lamar avenue and Pauline 
street, in said City of Memphis, extending north on Pauline street 
to Vance street, and thence west on Vance street to a terminus 


at the intersection of said street with East street. 


\ 


Commencing at the intersection of Lamar avenue and Central 
avenue, in said City of Memphis, and thence extending east on 
Central avenue to a terminus at the intersection of said avenue 
with McLean avenue. 

Commencing at the intersection of Main street and Beale 
street, in said City of Memphis, extending east on Beale street 
to Orleans street, south on Orleans street to Tate street, east 
on Tate street to Walnut street, south on Walnut street to Grove 
avenue, east on Grove avenue to Dunlap avenue, and thence south 


on Dunlap avenue to a terminus at Elmwood Cemetery. 


Commencing at the intersection of Main street and Linden 
street, in said City of Memphis, extending east on Linden street 
to Lauderdale street, south on Lauderdale street to Mississippi 
avenue, southeast on Mississippi avenue to Walker avenue, east 
on Walker avenue to College avenue, south on College avenue 
to McLemore avenue, east on McLemore avenue to a terminus on 


said avenue at Rayner avenue. 


CITY ORDINANCES. 781 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


Commencing at the intersection of Madison street and Main 
street, in said City of Memphis, extending north on Main street 
te Court street, west on Court street to Front street, south on 
_ Front street to Madison street, and thence east on Madison street 


to a terminus at the intersection of said street with Main street. 


Commencing at the intersection of Main street and Madison 
street, in said City of Memphis, extending east on Madison street 
to Spruce street, and thence still east over a private right ot 
way in the same general direction to Cooper avenue, south on 
a private right of way parallel with Cooper avenue to Young 
avenue, east on Young avenue to Trezevant avenue, south on 
Trezevant avenue to the Southern Railway, and thence on a 
private right of way parallel with the Southern Railway to a 
terminus opposite the station of the Southern Railway in the 
town of Buntyn, with such right of extension along roads and 
turnpikes leading into said city as now is, or hereafter may be, 


authorized by law. 


Commencing at the intersection of Cooper avenue and Young. 
avenue, in said City of Memphis, and thence extending east along 
Young avenue to Trezevant avenue, south on Trezevant avenue 
about three hundred feet, west over a private right to Bruce 
avenue and thence north on Bruce avenue to a terminus at the 
intersection of said avenue with Young avenue, with such right 
of extension on roads and highways leading into said city as 


now is, or hereafter may be, authorized by law. 


Commencing at the intersection of Cooper avenue and Young 
avenue, in said City of Memphis, extending east along Young 
avenue to Trezevant avenue, and thence north along Trezevant 
avenue to a terminus at the intersection of said avenue with 


Franklin avenue. 


Commencing at the intersection of Main street and Market 
street, in said City of Memphis, extending eastwardly on Mar- 


ket street, Thornton avenue and Alabama street to High street; 


782 


CITY ORDINANCES. 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


north on High street to Winchester Cemetery, east on a private 
right of way along the southerly boundary of Winchester Cem- 
etery to Lane avenue; east on Lane avenue to Ayers street, 
north on Ayers street to Lane avenue, east on Lane avenue to 
Brinkley avenue, north on Brinkley avenue to Lane avenue and 
thence east on Lane avenue to a terminus at the intersection 


of said avenue with Waldran avenue. 


Cominencing at the intersection of Main street and Jackson 
street, in said City of Memphis, and thence extending east and 
northeast on Jackson street, Jackson avenue and Old Raleigh 
road to a terminus at the intersection of said road with Breed- 


love avenue. z 


Commencing at the intersection of Front street and Poplar 
street, in said City of Memphis, thence extending south along 
Front street to a terminus at the intersection of said street 


with Monroe street. 


Commencing at the intersection of Main street and Calhoun 
street, in said City of Memphis, extending west on Calhoun 
street to Kentucky avenue, south on Kentucky avenue to Geor- 
gia street, west on Georgia street to Pennsylvania avenue, south 
on Pennsylvania avenue ‘to Iowa avenue, west on Iowa avenue 
to Delaware avenue, and thence south on Delaware avenue to 
a terminus at the intersection of said avenue with Division 
street. 

Commencing at the intersection of Florida avenue and Gholson 
street, in the said City of Memphis, extending west on Gholson 
street to Kansas avenue, and thence south on Kansas avenue 
to a terminus at the intersection of said avenue with Division 
street. 

Commencing at the intersection of Madison street and Main 
street, in said City of Memphis, extending south on Main street 
to Virginia avenue, west on Virginia avenue to Florida avenue, 


south on Florida avenue to Kerr avenue, and thence on a pri- 


CITY ORDINANCES. 


783 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


vate right of way in the same general direction to a terminus at 
Mallory avenue, in the town of South Memphis; with such right 
of extension along roads or turnpikes leading into said city as 
now is or hereafter may be authorized by law. 

Commencing at the intersection of Main street and Vance 
street, in said City of Memphis, extending east on Vance street 
to Hadden avenue, south on Hadden avenue to Calhoun street, 
east on Calhoun street to Rayburn avenue, south on Rayburn 
avenue to McLemore avenue, east on McLemore avenue to Mis- 
sissippi avenue, southeast on Mississippi avenue to Kerr avenue, 
east on Kerr avenue to Hernando road, and thence southeast on 
Hernando Road to a terminus at the intersection of said road 
with Person avenue, with such right of extension along roads 
and turnpikes leading into said city as now is or hereafter may 
be authorized by law. 

Commencing at the intersection of Main street and Union 
street, in said City of Memphis, extending east on Union street 
to Second, south on Second street to Gayoso street, east on Gay- 
oso street to Short Third street, thence south on Short Third 
street to its terminus. 

Commencing at the intersection of Third street and Union 
street, in said City of Memphis, extending east on Union street 
to Myrtle street, south on Myrtle street to Beale street, east on 
Beale street via Center Point and Spring street to Raleigh ave- 
nue, and thence south on Raleigh avenue to a terminus at the 
intersection of said avenue with Peabody avenue. 

Commencing at the intersection of Brown street and DuBose 
avenue, in the said City of Memphis, extending east on DuBose 
avenue to a terminus at the intersection of said avenue and 
Middle street. 

Commencing at the intersection of DuBose avenue and Walnut 


street, in said City of Memphis, and thence extending south along 


784 


CITY ORDINANCES. 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


Walnut street to a terminus at the intersection of said street 


with Vance street. 

Commencing at the intersection of Main street and Jeffer- 
son street, in said City of Memphis, extending east on Jefferson 
street to Third street, south on Third street to Union street, and 
thence west on Union street to a terminus at the intersection of 
said street with Main street. 

Commencing at the intersection of McLemore avenue and 
Latham avenue, in said City of Memphis, extending south on 
Latham avenue to Trigg avenue, east on Trigg avenue to Lau- 
derdale street, and thence south on Lauderdale street to a ter- 
minus at the intersection of said street with Kerr a eane with 
such right of extension on roads and turnpikes leading into said 


city as now is or hereafter may be authorized by law. 


Commencing at the intersection of Main street and Calhoun 
street, in said City of Memphis, and thence extending east 
along Calhoun street to a terminus at the intersection of said 


street with Hadden avenue. 


Commencing at. the intersection of Davie avenue and Geor- 
gia street, in said City of Memphis, extending east on Georgia 
street to LaRose street, and thence south on LaRose street to 


a terminus at the intersection of said street with Walker avenue. 


Commencing at the intersection of Brinkley avenue and Lane 
avenue, in said City of Memphis; extending south on Brinkley 
avenue to Kehoe avenue, east on Kehoe avenue to Lane avenue: 
and thence east on Lane avenue to a terminus at the intersection 


of said avenue with Montgomery avenue. 


Commencing at the intersection of Lane avenue and Waldran 
avenue, in said City of Memphis, and extending south along Wal- 
dran avenue to a terminus at the intersection of said avenue 
with Kehoe avenue. 

Commencing at the intersection of Central avenue and McLean 


avenue, in said City of Memphis, extending east on Central ave- 


eae 


CITY ORDINANCES. 


785 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


nue to Estelle avenue, and thence south on Estelle avenue to 
Young avenue, thence east on Young avenue to a terminus at 


the intersection of said avenue with Rembert avenue. ; 


Commencing at the intersection of Raleigh avenue and Pea- 
body avenue, in said City of Memphis, and thence extending east 
on Peabody avenue to a terminus at. the intersection of said 


avenue with Barksdale avenue. 


Commencing at the intersection of Poplar street and Ever- 
_green avenue, in said City of Memphis, extending east on Pop- 
lar street to a terminus at the intersection of said street with 


Tucker avenue. 


Commencing at the intersection of Jackson avenue or Old 
Raleigh Road with Breedlove avenue, in said City of Memphis, 
and thence extending east along the Old Raleigh Road to a 


terminus at the intersection of said road with Watkins avenue. 


Commencing at the intersection of Madison street and Cooper 
avenue at the easterly boundary of said City of Memphis, and 
thence extending east on Madison avenue to a terminus on said 


avenue about fifteen hundred feet east of Trezevant. 


Commencing at the intersection of Manassas street and New 
Raleigh Road, and thence extending northeast on New Raleigh 
Road to a terminus at or near the Union Railway, with such 
right of extension along roads or turnpikes leading into said 
City of Memphis as now is or hereafter may be authorized by 


law. 


The authorized capital stock of said corporation is fifty thou- 
sand ($50,000) dollars, divided into five hundred (500) shares 


of the par value of one hundred dollars each. 


The general powers of said incorporators and said corporation 


are: 
(1) To sue and be sued by the corporate name. 


(2) To have and use a common seal, which it may alter at 


786 


CITY ORDINANCES. 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


pleasure; if no common seal, then the signature of the company 


by any duly authorized officer shall be legal and binding. 


(3) To purchase and hold, or receive by gift, in addition to 
the personal property owned by said corporation, any real estate 
necessary for the transaction of the corporate business of the | 
company, and also to purchase or accept any real estate in pay- 
ment or part payment of any debt due the corporation, and sell 


realty for corporate purposes. 


(4) To establish by-laws and make all rules and regulations 
not inconsistent with the laws and the constitution deemed expe- 


dient for the management of corporate affairs. 


(5) To appoint such subordinate officers and agents, in addi- 
tion to the President, Secretary or Treasurer, as the business 


of the corporation may require. 


(6) To designate the name of the office and fix the compensa- 
tion of the officers. 

(7) To borrow money and issue notes or bonds upon the 
faith of the corporate property, and also to execute a mortgage 
or mortgages as further security for re-payment of money thus 
borrowed. 

The following provisions and restrictions are coupled with 
said grant of powers: 

(1) <A failure to elect officers at the proper times does not 
dissolve the corporation, but those in office hold until the elec- 
tion or appointment and qualification of their successors. 

(2) The term of all officers may be fixed by the by-laws of 
the corporation, the same not, however, to exceed two years. 

(3) The corporation may, by by-laws, make regulations con- 
cerning the subscription for, or transfers of, stock; fix upon the 
amount of capital to be invested in the enterprise, the division 
ot the same into shares, the time required for payment thereof 
by the subscribers for stock, the amount to be called at any one 


time, and in case of failure of any stockholder to pay the amount 


CITY ORDINANCES. 


787 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


thus subscribed by him at the time and in the amounts thus 
called, a right of action shall exist in the corporation to sue said 


defaulting stockholder for the same. 


The Board of Directors, which may consist of five or more 
members, at the option of the corporation, to be elected either 
in person or by proxy, by a majority of the votes cast, each 
share representing one vote, shall keep a full and true record 
of all their proceedings; and an annual statement of receipts 
and disbursements shall be copied on the minutes, subject at 
all times to the inspection of any stockholder. A majority-~ of 
the Board of Directors shall constitute a quorum, and shall fill 
all vacancies until the next election. The first Board of Direc- 
tors shall consist of the five or more corporators who shall ap- 


ply for and obtain the charter. 


The books of the corporation shall show the original or subse- 
quent stockholders; their respective interests; the amount which 
has been paid on the shares subscribed; the transfer of stock, 
by and to whom made; also other transactions in which it is 


presumed a stockholder or creditor may have an interest. 


The amount of any unpaid stock due from a subscriber to the 
corporation shall be a fund for the payment of any debts due 
from the corporation. The transfer of stock by any subscriber 
does not relieve him from payment, unless his transferee has 
paid up all or any part of the balance due on said original 


subscription. 


By no implication or construction shall the corporation be 
deemed to possess any powers except those hereby expressly 
given or necessarily implied from the nature of the business for 
which the charter is granted, and by no inference whatever shall 
Said corporation possess the power to discount notes or bills, 
deal in gold or silver coin, issue any evidence of debt as curren- 
cy, buy and sell any agricultural products, deal in merchandise, 


or engage in any business outside the purpose of the charter. 


788 


CITY ORDINANCES. 


~ 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


The right is reserved to repeal, annul or modify this charter. 
If this charter is repealed, or if the amendments proposed, being 
not merely auxiliary but fundamental, are rejected by a vote 
representing more than half of the stock, the corporation shall 
continue to exist for the purpose of winding up its affairs, but 
not to enter upon any new business. If the amendments or mod- 
ifications, being fundamental, are accepted in a general meeting 
to be called for that purpose, any minor, married woman or 
other meteor under disability, or any stockholder not agreeing 
to the acceptance of the modification, shall cease to be a stock- 
holder, and the corporation shall be liable to pay said withdraw- 
ing stockholders the par value of their stock, if it is worth so 
much; if not, then so much as may be its real value in the mar- 
ket on the day of withdrawal of said stockholders as aforesaid: 
The claims of all creditors are to be paid in preference to said 


withdrawing stockholders. 


Said company is authorized to consummate any contract with — 
the authorities of the City of Memphis, or with the County 
Court, if the route extends, or is to be extended, beyond the | 
limits of said city, or with private individuals necessary to get 
the right of way along the public streets of the city, or along the 
public roads of the county; provided, that no one of the streets 
of said city shall be used by said company, nor shall any rails 
be laid down, until the consent of the city authorities has been 
first obtained, and an ordinance shall have been passed, pre- 
scribing the terms on which the same may be done; or, if the 
said road extend into the country, the consent of the Counts 
Court must be first obtained. 

The company may operate said street railroad by animal or 
electric power, or may use a dummy steam engine, if said engine 
shall not give off either smoke or steam so as to annoy or fright- 


en either persons or animals, or by cable power, or may use a 


CITY ORDINANCES. 


789 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


stationary steam engine, if the consent of the city authorities 


be first obtained. 


The company is at liberty to choose the gauge of the road, 
and the railroad track, cars and coaches shall be used only for 
the transportation of passengers and personal baggage, at a 
uniform price per head, which, for person and baggage, shall 
not exceed ten (10) cents, or the fractional part thereof, from 


one to the other terminus of the road. 


In the construction of said road, a tram rail only shall be 
used and of such description as to obviate danger of injuring 
wheels or axles of vehicles passing along and crossing said 


railroad tracks. 


The company may issue bonds, payable in such amount, at 
such times and places at it deems best, with coupons attached 
for payment of interest, and may dispose of the same to raise 
money to construct or repair the road, and, to secure the pay- 
ment of the same, may mortgage the property, real and personal, 


and also the franchise of the company. 


Vehicles shall, at the proper signal, yield the right of way 
over the track and switches of said railroad to the pace ee care 
within a reasonable time, and it shall not be lawful to obstruct 
the free passage of the cars on said road, and any wilful ob- 
struction by any person shall be a misdemeanor. Priority of 
possession of the track is always to be given to fire engines and 


apparatus. 


The powers herein granted are in no manner to interfere with 
the rights of private citizens or private property. The power 
is especially reserved to the city authorities to regulate the 
position of the switches or tunnels of said railroad within the 
limits of said city in such manner as not to interfere with public 
travel through the streets; or, if the road extends into the 


country, similar right is reserved to the County Court. 


790 


CITY ORDINANCES. 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


Said company is hereby authorized and empowered to extend 
its line or lines of railway over any roads or turnpikes leading 
into the said Taxing District designated as the City of Memphis; 
and for that purpose said company shall have the power, under 
the laws of this State, in relation to the condemnation of prop- 
erty for works of internal improvement, to condemn and appro- 
priate a right of way of sufficient width for such railway, with 
the necessary side tracks, turnouts, turntables and switches, as 
an easement upon or over any public road, highway or turnpike. 
And said street railway company shall have the power to con- 
demn, for rights of way and easements thereon, private prop- 
erty, subject to all the restrictions, obligations and liabilities as 
are imposed by existing laws as set forth in Sections 1844 to 1867, 
inclusive, (Code of Tennessee, Shannon’s EHd., 1896), appertain- 
ing to the condemnation of private property for railroads and 


works of internal improvement. 


The consent of the County Court of the county in which such 
railway is situated shall be first obtained for such extension, 
and such condemnation and appropriation shall be of an ease- 


ment for such right of way, and not of the fee simple in soil. 


The company, upon obtaining the consent of the city author- 
ities, as to the character and weight of the rail or rails to be 
used upon the streets of the city for the operation of an electric 
railway, may use any type or pattern of rail suitable for the 
operation of an electrical railway, provided the same is so laid 
as not to obstruct or interfere with the passage of vehicles when 
crossing the tracks of said company when laid on a street or 
public highway; provided, further, that no other different rail 
shall be used in the suburbs or territory adjacent to ‘said city 
than that which is used in said city; and provided, also, that 
no rails shall be used in said city other than such -as may be 


directed and permitted by the municipal authorities. 


es 
ae 
1a 


CITY ORDINANCES. 


791 


CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. 


The said company is hereby given and shall have the power 
to purchase, lease or acquire by other lawful contract, and to 
hold, use and operate any street railroad or roads with all 
and singular its or their franchises and properties of every 
description belonging to any other street railroad corporation 
or corporations; provided, that such purchase, lease or other 
contract be authorized and approved by the vote of the holders 
of three-fourths in. amount of the capital stock of said company 
so purchasing, leasing or otherwise contracting therefor, at a 
regular or called meeting of said stockholders; provided, sixty 
days’ notice of such proposed purchase, lease or other contract 
shall be given by publication in at least one newspaper pub- 
lished in the county where such street railroad may be located, 


giving the time, place and purpose of said meeting. 


The power given in the last paragraph shall include the right 
to purchase the capital stock and bonds of such other companies, 


and to hold and dispose of the same. 


The said company is hereby given the power and authority 
to sell, lease or dispose of, by any other lawful contract, to any 
other street railroad company, its railroads, rights, franchises, 
including the right to be a corporation, and all and singular 
its other properties of every character and description; provided, 
that such sale, lease or other contract, disposing of its railroad, 
franchises Rriae other properties, shall be first authorized and 
approved by the vote of three-fourths in amount of the holders 
of its capital stock, at a regular or called meeting of said stock- 
holders; and provided consent to such consolidation, sale, lease 
or other contract be given by the government of the city where 
said street railroad is located; and provided notice of such 
croposed sale, lease, or other lawful contract, for disposition 
of the same, be made for thirty days in some newspaper pub- 


| lished in the county where such street railroad is located. 


792 


CITY ORDINANCES. 


MEMPHIS STREET RAILWAY. 


Neutral strip 
for street 


railway right- 


of-way 
poses 
Poplar 


pur- 
on 
street. 


We, the undersigned, apply to the State of Tennessee, by vir- 
tue of the laws of the land, for a charter of incorporation, for 
the purposes and with the powers declared in the foregoing in- 


strument. 


WITNESS our hands, the eighteenth (18th, day of February, 
1905. | 
(Signed) FRANK G. JONES, 
W. S. McCRHA, 
ROBERT L. BENSON, 
JAMES F. MEAGHER, 
EDWARD J. KARR. 


SHELBY COUNTY. 
STATE OF TENNESSEE, ie 

Personally appeared before me, R. A. Speed, Clerk of the Coun- 
ty Court of said county, FRANK G. JONES, W. S. McCREA, ROB- 
ERT L. BENSON, JAMES F. MEAGHER and EDWARD J. 
KARR, the within-named petitioners, with whom I am personally 
acquainted, and who acknowledged that they executed the within 
instrument for the purposes therein contained. 

Witness my hand at office, this 18th day of February, A. D. 


1905. 
(Signed) R. A. SPEED, Clerk. 


[SEAL | By’ D.:J. RHEDERA DG 


RESOLUTION NO. 12. 


Sec. 1237. Be it resolved by the Legislative Council of the 
City of Memphis, That, with the consent of the abutting property 
owners, a neutral strip of land twenty feet in width in the 
center of the street on Poplar street from a point near Cleveland 
avenue to Wicks avenue, and on Wicks avenue from Poplar 
street to the Raleigh Railroad right of way, may be used by 
the Memphis Street Railway Company for right of way pur- 


poses; and be it further 


CITY ORDINANCES. 


793 


MEMPHIS STREET RAILWAY. 


Resolved, That said company is hereby given permission, sub- 
ject to the ordinance passed November 20th, 1895, to extend its 
present tracks on Poplar street from Bellevue avenue east to 
where such neutral strip near Cleveland avenue begins, provided 
work upon the extension is begun within sixty (60) days here- 


after.* 


ORDINANCE NO. 13. 


“See. 1238. Be it ordained by the Legislative Council of the 
City of Memphis, That the Memphis Street Railway Company is 
hereby given the right and granted the permission to operate a 
car suitable for carrying cotton samples, with the privilege of 
carrying the same from the Memphis Warehouse Company on 
and over the tracks of the Memphis Street Railway Company 
leading from New South Memphis in and through the City of 
Memphis, but this ordinance is to remain in effect only during 


the will and pleasure of the Legislative Council.” 


ORDINANCE NO. 14. 


AN ORDINANCE limiting and confirming the right of way of 
the Memphis Street Railway Company on Madison avenue, be- 
tween Claybrook street and Cooper avenue, in the City of 


Memphis, and providing for the curbing of the same. 


PREAMBLE. 
Whereas, The territory on Madison avenue, alongside the East 
End car line of the Memphis Street Railway Company, from 
Claybrook street to Cooper avenue, is rapidly improving and be- 
ing built up with handsome homes fronting on the said Madison 
avenue and the said East End car line; and, 
Whereas, The health, comfort and convenience of the residents 
thereon make necessary the establishment of an adequate and 


continuous thoroughfare along the said car line; and, 


1 Section 1237 adopted June 4, 1903. 
2 Section 1238 passed June 16, 1908. 


Right to 
ry cotton 
samples, 


Preamble. 


Ccar- 


etc. 


794 


CITY ORDINANCES. 


MEMPHIS STREET RAILWAY. 


Madison 
avenue. 


Right-of-way 
limited to 


twenty 


feet. 


Whereas, The Memphis Street Railway Company claims that 
it owns, in fee simple, the private right of way, obtained by pur- 
cnase, condemnation and prescription from thirty (30) to fifty 
(50) feet in width, having obtained the same when the line was 
originally constructed as a “dummy line,” by the Hast End Street 
Railway Company, at which time the eastern limits of the City 


of Memphis was Dunlap street; and, 


Whereas, The City of Memphis denies the claim of the Mem- 


phis Street Railway Company of a continuous private right of 
way thirty (80) to fifty (50) feet in width, but admits that 1¢ 
has a right of way over said street upon which it has the right 


to operate its double track; and, 


Whereas, The City of Memphis likewise admits that the Mem- 
phis Street Railway Company owns in fee such portions beyond 
the limits of its roadbed as shown by the records in the Reg- 
ister’s office of Shelbv County, Tennessee, as the property of the 


East End Street Railway Company; and, 


Whereas, The Memphis Street Railway Company only requires 
in the operation of its road and right of way such width as is 
necessary for the operation of its double track street railway 
system; and, 

Whereas, It is to the best interest alike of the City of Mem- 
phis and tne Memphis Street Railway Company that a thorough- 
fare be established and improved, and that all grounds beyond 
the space required for the street railway bed be dedicated for 
this purpose; and further, that the controversy regarding the 


right of way for all time be settled; therefore, 


Sec. 1239. Be it ordained by the Legislative Council of the 
City of Memphis, That the right of way of the Memphis Street 
Railway Company on Madison avenue, between Claybrook street 
and Cooper avenue, be, and the same is hereby, fixed, limited and 


confirmed to the Memphis Street Railway Company to a strip 


ts 
> ey 


CITY ORDINANCES. 


795 


MEMPHIS STREET RAILWAY. 


twenty (20) feet in width—the limits of said strip to be ten (10) 


feet each side of the center line between tracks. 


Sec. 1240. The matters contained in this ordinance, however, 
are given upon the following terms and conditions: 

First. As a condition of this ordinance, That the Memphis 
Street Railway Company be required to construct a first-class 
concrete curbing on the north and south boundaries of the said 
strip, except at street intersections, where the curb shall be 
made to the intersection, then the limits of said right of way 
shall be graveled or macadamized, according to plans and speci- 
fications to be furnished by the City Engineer, and to be main- 
tained in first-class condition. 

Second. The poles for supporting the trolley and feed wires 
shall be placed on the sidewalks back of curb line. 

Third. All work provided for herein shall be done under the 
supervision of the City Engineer, and the same shall be done 
contemporaneously with the improvement of Madison avenue, 


between Claybrook and Cooper streets, by the City of Memphis. 


Sec. 1241. The Memphis Street Railway Company shall, in 
writing, accept the provisions of this ordinance within ten days 


after its final passage.t 


ACCEPTANCE, 
To the Mayor and the Honorable Legislative Council of the City 
of Memphis: 

The Memphis Street Railway Company herewith formally ac- 
cepts the provisions of an ordinance passed by the City of 
Memphis, through its Legislative Council, on the 17th day of 
September, 1908, and approved by the Mayor of the City ot 
Memphis on the 17th day of September, 1908, the title of which 
ordinance is as follows: “An Ordinance limiting and confirming 


the right of way of the Memphis Street Railway Company on 


1 Ordinance No. 14 passed September 17, 1908. 


Conditions. 


796 


CITY ORDINANCES. 


MEMPHIS STREET RAILWAY. 


Central 
avenue 


Lamar avenue 
neutral strip. 


Madison avenue, between Claybrook street and Cooper avenue, in 
the City of Memphis, and providing. for the curbing of same,” 
and herewith binds itself to carry out all the provisions of this 
ordinance, and especially of Section 3, as follows, to-wit: 

“Be it further ordained, That the Memphis Street Railway 
Company shall, in writing, accept the provisions of this ordinance 
within ten days after its final passage.” 

Respectfully, 
THE MEMPHIS STREET RAILWAY COMPANY, 
By T. H. TUTWILER, President. 


Sec. 124la. Be it resolved by the Legislative Council of the 
City of Memphis, That the Memphis Street Railway Company is 
hereby given permission, subject to all rights, privileges, condi- 
tions and obligations of the ordinance passed November 20, 1895, 
to occupy with its tracks and service Florida avenue, from 


Gholson street to the south side of Kerr avenue. 


Adopted October 8, 1903. (Book F, page 257.) 


RESOLUTION. 


Sec. 1241b. Be it resolved by the Legislative Council of the 
City of Memphis, That permission is hereby given to the Mem- 
phis Street Railway Company, subject to the ordinance passed 
November 20, 1895, to extend its present tracks from Central 
avenue east on Lamar boulevard to a point three hundred feet 


east of intersection of Brown avenue; be it further 


Resolved, That a neutral strip of land twenty feet in width 
in the center of the street on Lamar boulevard from a point 
where the said boulevard intersects with Willett avenue, thence 
eastwardly to the intersection of Rozelle avenue, may be used 
by the Memphis Street Railway Company for right of way pur- 


poses; provided, the street be not less than eighty feet wide 


CITY ORDINANCES. 797 


EQUITABLE GAS LIGHT COMPANY. 


where the neutral strip begins and with the consent of the 
abutting property owners. 


Book F, page 334, Legislative Council, June 9, 1904. 


Sec. 1241c. Be it resolved, That the Memphis Street Rail- 
| way Company be required to instruct its conductors to announce 
the names of each street crossing in a loud and distinct voice. 
Also to stop at each crossing to receive and discharge passen- 


gers. 


Adopted January 24, 1908. (Book B, Public Works, page 30.) 


ARTICLE e7 7, 
EQUITABLE GAS LIGHT COMPANY. 
ORDINANCE NO. 1. 


Sec. 1242. Be it ordained by the Legislative Council of the 
City of Memphis, That the New Memphis Gas Light Company 
and the Equitable Gas Light Company, both gas companies cre- 
ated and existing under the laws of the State of Tennessee, and 
doing business in Memphis, Tenn., are hereby given permission ponsios 
and granted the right to consolidate, either by the merger of date. 
one conipany into the other, or to operate their respective plants 
under common management, or to transfer their respective phy- 
sical properties to a third gas company, to be hereafter organized 


under the laws of Tennessee. 


The permission is given, however, on the following terms Conditions. 


and conditions, which are conditions precedent: 


First. During the ten years commencing January 1st, 1899, Prices of gas. 
the Equitable Gas Light Company, the New Memphis Gas Light 
Company, and any successor to them, and any purchaser of their 
properties, shall sell gas to the public at prices not exceeding 


the following, to-wit: 


798 CITY ORDINANCES. 


EQUITABLE GAS LIGHT COMPANY. 


Illuminating Gas. Fuel Gas. 
During Year Per 1,000 cu. ft. Per 1,000 cu. ft. 
LBRO St sae eter ice cate meee tome $1.50 $1.25 
TAS AU Mig sie 8 Ad Mi MR ac 1.48 1.28 
GON Sine Seep case ato Bia cee eae 1.46 121° 
Ze Roce tens aie cron hee Naren 1.44 1.19 
SAE ae avn NOG ANE A) ES 1.42 | 1A7 
TOOL SSS. 1 pie eee 1.40 1.15 
LOOS Se a esiere er ee nae 1.38: 13 
LOCO Se asee eens sree Cae fre bE 
LOOT Sau enters see ee ee 1.34 1.09 
QO SS Ces nies cea aes ee ete eae 1.25 1.00 


These reductions in rates shall be put in force and maintained 


irrespective of the amount of gas consumed. 


But if at any time during the twenty years, commencing Janu- 
ary 1, 1899, the combined annual sales of illuminating and fuel 
gas sold by said two gas companies, and any successor or pur- 
chaser from them, as ascertained from consumers’ meters, agegre- 
gate the following amounts, the following prices shall be 
charged, namely: | 


Feet. Illuminating Gas. Fuel Gas. 


110;000.0005. 1 ute pene ee $1.45 $1.20 
190,000,000 0G ce een ete 1.40 1.15 
130000000 see eee 1.35 1100 
140,000 000) ten eee ee 1.30 ee 
150000, 0000s conn 1.25 1.00 
160,000,000) oi a ee 1.20 1.00 
170,000,000). sce een 1.15 - 1,00 
180:000/000 Sun ee ee eee 1.10 1.00 
190,000-000 (fe eae at 1.05 1.00 
300,000,000.) one e Gout an mie ERs te 1.00 


And if the application of the last mentioned scale of prices, 


that is, the one upon the basis of the amount of consumption, 


CITY ORDINANCES. 


799 


EQUITABLE GAS LIGHT COMPANY. 


would at any time result in a lower price of gas than the scale 
providing for a reduction of 2 cents on the 1,000 cubic feet a 
year from 1899 to 1907, and 9 cents per 1,000 cubic feet for the 
year 1898, then the price as governed by the amount of consump- 
tion shall prevail, and it is hereby intended and ordained that 
that scale of prices shall prevail which shall produce the low- 


est price. 


After 1908 no gas shall be sold at a price exceeding $1.25 per 
1,000 cubic feet for illumination and $1 per 1,000 cubic feet for 
fuel gas; but if during the ten years commencing January l, 
1909, the aggregate annual consumption of gas exceeds 150,000,- 
000 cubie feet, the scale of prices hereinbefore set forth, based 
upon the amount of consumption, shall be put in force and 
maintained. 

After the expiration of the twenty years commencing January 
1, 1899, the maximum prices for gas in force at that time under 
the provisions of this ordinance shall not be exceeded without 
the consent of the city, but nothing in this ordinance contained 
shall be construed as a limitation upon the power of the city 
to reduce further the price of gas, either during or after the 
expiration of the said twenty years, and the city hereby expressly 
reserves the right to exercise at any time all police powers and 
powers of regulation respecting the price of gas, and in all other 
respects now rightfully existing in or that may hereafter be law- 
fully conferred upon it. ° 

If the gas bill of the consumer is not paid within the first six 
days of the succeeding month after the gas is consumed, an 
additional charge of 5 cents per 1,000 cubic feet may be added 
by the company, and if the gas bill is not paid within the second 


Six days, an additional penalty of 5 cents per 1,000 cubic feet may 
be added. 


Second. Before the permission for the consolidation herein 


granted shall be exercised by said gas companies, the New 


Dismissal 
suit. 


of 


800 


CITY ORDINANCES. 


EQUITABLE GAS LIGHT COMPANY. 


Payment to 
city. 


City lamp 
posts. 


Laying of 
pipes. 


Memphis Gas Light Company shall cause to be entered a consent 
decree in the suit filed by it in the United States Circuit Court at 
Memphis, against the City of Memphis, on December 27, 1895, 
which decree shall dissolve the injunction obtained in gaid case, 
and said suit shall be dismissed at the cost of said gas light 


company. ae 


Third. In consideration of the privilege of consolidating, the 
Equitable Gas Light Company and the New Memphis Gas Light 
Company shall pay to the City of Memphis the sum of fifty 


thousand dollars, said sum to be paid as follows: 


Commencing with January 1, 1899, $5,000 shall be paid on 
January 1, and again on July 1 of each year, during the next 
three years; and commencing with January 1, 1902, $2,500 shall 
be paid on January 1, and again on July 1 of each year during 
the ensuing four years, and promissory notes shall be jointly 
executed by said two companies evidencing said indebtedness; 
and any successor to them, or any purchaser of their property 
shall, before going into possession of said plant or plants, or 
operating the same, also execute any of said notes then outstand- 
ing. 

Fourth. Said gas companies and their successor and the pur- 
chaser from them, shall erect along its mains and extensions 


lamp posts whenever and wherever ordered by the city, the 


said posts and lamps to be furnished by the city, but they are 


to be erected and connected and kept in good order and condi- 
tion by said gas companies, and the purchaser from them, free 
of cost to the city. 

And whenever mains, sewer pipes or connections are made or 


laid in the city, or any extension thereof, the gas company or 


companies, their. successors or assigns, shall first get the con-— 


sent of the city for the occupation of the streets, alleys or high- 
ways, and whenever sidewalks or pavements of any kind are 


taken up by said gas company for the purpose of laying said 


yer. 


CITY ORDINANCES. 


801 


EQUITABLE GAS LIGHT COMPANY. 


mains or pipes, the City Engineer shall relay or replace said side- 
walks or pavements at the expense of said gas company, and 
said expense shall be paid within thirty days after presentation 


of said Dill. 


Fifth. Said gas companies and the purchasers from them 
shall in no event furnish gas to the city or its inhabitants of 
less than 20 candle power, and they are relieved of the duty 
of furnishing gas of more than 20 candle power. 

But nothing in this ordinance shall. be considered to limit the 
right of any consumer to attach to or near his burners any im- 


proved burner, regulator or carburetter. 


Sixth. Said gas companies, or the purchasers from them, 
shall furnish to the consumer correct meters. Said meters 
shall be subject at all times to the inspection of the inspector 
selected and chosen by the city. All meters running either fast 
or slow, not more than 2 per cent., shall not be considered in 
violation of the law or subject the offender to a fine, but said 
meter shall, upon request of the consumer, be corrected. If a 
meter is fast beyond 2 per cent., then credit shall be given upon 
the bills of the company furnishing the gas for said excess; 
‘but no allowances of said credit shall be made beyond a period 


of six months. 


Seventh. Said gas companies and the purchaser from them 
shall furnish free of cost service pipes from their mains to the 


property line of the consumer. 
Highth. Said gas companies and the purchaser from them, 
whenever notified by the city, shall extend their pipes into any 


part and along any streets of the City of Memphis, and all of 


the territory hereafter. annexed thereto, whenever there shall . 


be as many as two consumers and one street lamp for each two 
hundred feet of the extension, or if no street lamp, then when- 
ever there shall be as many as five consumers for each two hun- 


dred feet of the extension. 


Quality of 
gas. 


Meters. 


Inspection. 


Service ,pipe. 


Annexed 
territory. 


802 


CITY ORDINANCES. 


EQUITABLE GAS LIGHT COMPANY. 


Sworn state- 
ment as to 
amount of 
gas sold. 


Action for 
overcharge. 


Exclusive 
rights, 


Agreement to 
be executed. 


Ninth. When the consumer uses only one meter, said gas 
companies or the purchaser from them, can, at their option, 
charge the price of illuminating gas; but if the premises occu- 
pied by the consumer are piped for illuminating and fuel gas 
through separate systems, the gas companies on demand shall 


furnish a meter for each system free of cost to the consumer. 


Tenth. <A duly certified statement under oath of the amount 
of gas sold by each of said gas companies, or the purchaser from 
them, shall be furnished to the city on the first day of January 
of each year, and the city shall have the right to verify said 


statements by an examination of the companies’ books. 


Eleventh. Nothing in this ordinance shall in any wise af- 
fect the rights of the complainants in the two suits now pend- 
ing in the Second Part of the Chancery Court of Shelby County, 
Tennessee, styled W. L. Clapp et al. vs. Equitable Gas Light 
Company, No. 10,058, and E. J. Carrington et al. vs. New Mem- 
phis Gas Light Company, No. 10,059, and the complainants in 
said suits, and any gas consumer shall have the same right of 
action to recover the excess of 25 cents per 1,000 cubic feet of 
gas charged by said companies in violation of the ordinance of 


October 29, 1895, as heretofore existed. 


Twelfth. Nothing in this ordinance shall be construed as 
conferring upon said gas companies, or the purchaser from 
them, any exclusive rights of any character whatever, and the 
city shall remain free to grant to any other gas company or gas 
companies the right to occupy the streets of the city and sell 


gas to the city or its inhabitants. 


Thirteenth. Before exercising the right of consolidating, or 
selling their properties or any interest therein, and before exer- 
cising or enjoying any right or privilege herein conferred upon 
said companies, and before any other person or corporation shall 


purchase or succeed to the properties of said companies, or any 


CITY ORDINANCES. 


803 


EQUITABLE GAS LIGHT COMPANY. 


interest therein, each of them shall cause to be executed, under 
a properly attested resolution of its stockholders, a stipulation 


and agreement in the following form, to-wit: 
MAPA TESS (LENIN. : ote! dies cle 'h ei cksees ote pee 


PIBAMTIOCTRILNCGs 2 ic. .i sc 0's eee 0s Gas Light Company, hereby 
binds itself, its successors and all purchasers of its property or 
any interest therein, to the original and continued performance 
of each and every condition, provision and requirement contained 
in the ordinance passed by the Legislative Council of the City 
of Memphis, on December ...., 1898, and hereby pledges all ot 
its property of every character, wherever situated, as security 


for the performance of all the enactments of said ordinance. 


JO) (ts 9 QU eee Gas Light Company hereby grants and 
declares a lien upon all its real estate and gas plant, situated 
(here describe the property), and upon all its machinery, mains, 
pipes, rights, franchises and property of every character, and 
wherever situated, in favor of the City of Memphis, and in favor 
of any person residing or Owning property in the City of Mem- 
phis, who may lawfully complain of the violation by this com- 
pany of any condition, provision or requirement of said ordi- 
nance, and this declaration of trust shall inure to the City of 
Memphis, and also to the benefit of any person residing or own- 
ing property in the City of Memphis, to secure the payment ot 
any damages arising from a breach of said ordinance, and to 


secure a full compliance with all its provisions. 


And it is expressly agreed that any violation of said ordinance 
shall work a forfeiture bv this company of its charter and 
franchises and its right to lay and maintain pipes in the streets 
and alleys of the City of Memphis, and its right to sell gas in 
the City of Memphis, and such forfeiture may be enforced at 
the suit of the city, or of any person residing or owning prop- 
erty in the city by a suit brought in his own name for that 


purpose. 


804 


CITY ORDINANCES. 


EQUITABLE GAS LIGHT COMPANY. 


Acknowledg- 


ment and 
registration. 


Obstructions 
in pipe. 


Regulators. 


This stipulation shall constitute a lien upon all the property 
and rights of this company, prior to any subsequent purchaser 


or mortgagee. 


It is furthermore stipulated that this company hereby agrees 
to that part of an ordinance passed October 29, 1895, providing 
for the appointment of a Gas Inspector in the City of Mem- 
phis, and it is agreed that any Gas Inspector appointed under 
that or any other ordinance, shall have the right to test any 
meter used by the company, or any consumer of its gas, and to 
test the company‘s gas at any time, and ‘to examine and test any 
and all the materials and ingredients going into the manufacture 
of its gas, and the pressure at which same is used, and to ex- 
amine the meter books of this company at any time during 


business hours. 


And this company obligates itself to furnish said Inspector 
full and free facility to make said tests and examinations. 
Executed and delivered the day and year above written. 
Spi eoace Media eee GAS LIGHT CO., 
ST oS ea President. 


FATEOSUS: anos orci tc caer cee ee , secretary. 


This stipulation shall be properly acknowledged by the Presi- 
dent and Secretary of said company and registered in the Reg: 


ister’s Office of Shelby County, Tennessee. 


Fourteenth. Whenever and wherever any gas meter or gas 
pipe upon the premises of any gas consumer actually using or 
desiring to use gas shall become stopped up or obstructed by 
any water, tar or other substance, it shall be the duty of the 
gas company furnishing such consumer to clean out such meter, 
and blow out such pipe within five days after notice. 

Any consumer may attach to his meter any regulator, gover- 
nor, or other appliance designed to regulate and economize the 


consumption of gas; provided, that such appliance is approved 


CITY ORDINANCES. 


805 


EQUITABLE GAS LIGHT COMPANY. 


by the City Gas Inspector, such approval of the Gas Inspector 


to be in writing. 


Fifteenth. All of the terms and provisions of this ordinance 
shall apply and be in force within the limits of the city as they 


now are, or as they may hereafter be established. 


Sixteenth. When the price of illuminating and fuel gas has 
been reduced {6 one dollar ($1.00) per thousand cubic feet, 
and so long as the price is not reduced below $1.00 per 1,000 
cubic feet, said two gas companies or their successor or pur- 
chaser, shall furnish for lighting purposes free of cost to the 
city gas to the amount of one thousand dollars at the rate of 


one dollar per thousand feet.* 


Seventeenth. Each and all the provisions of this ordinance 
shall apply to and be binding upon any purchaser of or successor 
to the properties of the Equitable Gas Light Company, or the 
New Memphis Gas Light Company, or both of them, as fully as 


the same apply to and are binding upon the original companies. 


Highteenth. The gas companies shall, whenever they read a 
consumer’s meter, notify such consumer of the reading by leav- 
ing with the consumer at the time a written statement of the 
status of the meter. Meters shall be furnished by the gas com- 
panies free of cost to the consumer in all cases where the con- 


sumer uses as much as 50 cents worth of gas per month. 


Nineteenth. Nothing in this ordinance shall be construed that 
will in any way prevent the city from purchasing: or erecting 
gas or electric light plants during the life of this ordinance 
for the purpose of supplying lights for the city or private con- 


sumers. 


1 This paragraph amended by ordinance consolidating the lighting companies. 
See Section ——, post. 


Price to city. 


Successors. 


Reading 
meters, 


806 


CITY ORDINANCES. 


GAS METERS. 


Pressure. 


Charge fee 
for inspect- 
ing meters. 


By whom 
collected. 


When inspec- 
tion re- 
quested com- 
pany to bring 
meter to In- 
spector’s 
office. 


Twentieth. If any law or ordinance providing for reduction 
in the price of gas shall be enacted by the Legislative Council or 
the Legislature other and further than the prices herein pro- 
vided for, and the enforcement of such reduction shall be resisted 
by either of said companies, or any successor to or purchaser 
from them, and such reduction shall be held valid by any court 
of competent jurisdiction, then every consumer who has not 
been given the benefit of such reduction may file his claim for 
excess damages with the City Secretary, and the company mak- 
ing said excessive charge shall pay the same within thirty days 


after the final adjudication of the validity of such action. 


Twenty-first. The gas companies shall maintain such a pres- 


sure in the holder as the City Gas Inspector shall direct.* 


ORDINANCE NO. 2. . 
Sec. 1243. Be it ordained by the Legislative Council of the 
City of Memphis, That a fee shall be charged for inspecting or re- 
inspecting, sealing and stamping gas meters inspected and 


stamped. 


Sec. 1244. The said fee of 50 cents shall be collected by the 
Gas Inspector for the use of the City of Memphis for each meter 


inspected by him. 


Sec. 1245. No meter shall be inspected except at the instance 
and upon the written request of either the consumer or the gas 
company. The said inspection fee of 50 cents shall be paid by 
the applicant for the inspection, in advance, to the inspector for 
each such inspection, and when the request for inspection is 
made, it shall be the duty of the gas company to bring or send 
the meter to the office of the inspector, and no meters shall be 


subject to more tnan four inspections per year. 


1 Passed December 29, 1898. 


CITY ORDINANCES. 


807 


Sec. 1246. In all cases where a gas meter is found by the Gas 
Inspector to be fast after testing the same, the inspection fee ot 
50 cents shall be paid by the gas company, and the fee collected 
from the consumer shall be refunded to him by the Gas In- 


spector. 


Sec. 1247. The Gas Inspector shall make a written report of 
the meters inspected by him on the first of each month to the 
Secretary of the Council, and shall turn over with his said 
report a receipt from the County Trustee for the fees collected 
during the preceding month, and all funds so collected shall be 


paid into and credited upon the lighting fund.’ 


ORDINANCE NO. 38. 


Sec. 1248. Be it ordained by the Legislative Council of the 
City of Memphis, That it shall be unlawful for any gas com- 
pany to put in use in this city any new gas meter unless said 
meter has been first tested by the Gas Inspector; and, if found 
correct by the Inspector, he shall seal the meter and attach his 
stamp thereto. And no meter shall be put in use which shall 
have been discontinued, or which has been in use by any other 
consumer, unless the same has been reinspected and restamped 
by the Inspector; provided, that it shall not be necessary to rein- 
spect or restamp any meter which has been inspected and 
stamped within four months theretofore. 

And for inspecting or reinspecting, sealing and stamping such 


meters, the gas company shall pay to the Inspector, for the use 


GAS METERS. 


Meters fast, 
fee paid by 
company. 


Duties of 
Inspector. 


Meters tested 


Fee for test. 


of the city, a fee of fifty cents for each meter inspected and‘ 


stamped. 


1249. Be it further ordained, That any gas company that 


shall violate the provisions of this ordinance shall be guilty of 


1 Passed March 4, 1909. 
1 See amendment, ‘‘Fee for test,’? Sections 1243-1247, ante. 


Misdemeanor. 


808 


CITY ORDINANCES. 


GAS INSPECTOR. 


Defacement 
of stamp. 


Quality of 
gas. 


Discount. 


Gas In- 
spector. 


Compensa- 
tion. 


Duties. 


a misdemeanor, and shall be fined not less than two nor more 


than fifty dollars for each and every offense. 


Sec. 1250. Be it further ordained, That it shall be unlawful 
for any person to counterfeit, mutilate or wilfully deface the 
seal or stamp placed upon such meter, sealed or stamped by the 
City Gas Inspector, and any person so offending shall be guilty 
of .a misdemeanor and shall be fined not less than two nor more 
tnan fifty dollars for each offense. 


Passed December 7, 1899. 


ORDINANCE NO. 4. 
RELATING TO PRICE OF GAS. 

Sec. 1251. That all gas companies within said city furnishing 
light to it and its inhabitants by means of pipes or other con- 
ductors laid in or under the streets or sidewalks of said city, 
shall be, and they are hereby required to furnish gas of not 
less than sixteen candle power, and that the same shall be as 


free from deleterious and hurtful elements as practicable. 


Sec. 1252. That the rate to be charged for gas so furnished, 
either to said city or to the inhabitants thereof, shall not exceed 
the sum, or price, or $1.50 per 1,000 feet when paid within the 
customary discount days, with the right on the part of the gas 


companies to add 5 per cent. thereto if not so paid. 


Sec. 1253. That the office of Gas Inspector is hereby created, 
to be filled by the Legislative Council on the nomination of the 
Mayor. He shall hold office for a term of one year, and shall 
give bond in the sum of $5,000 for the faithful performance. of 


his duties. 


His compensation shall be fixed by the Fire and Police Com- 
missioners, and paid out of the lighting fund. 
It shall be the duty of such Inspector to see that the gas fur- 


nished is of the quality and illuminating power above pre- 


CITY ORDINANCES. 


809 


MEMPHIS LIGHT AND POWER COMPANY. 


seribed, that the gas meters furnished properly measure the gas 
pessing through them, and generally he shall perform such other 


services as may from time to time be imposed upon him. 


Sec. 1254. That no meter shall be inspected except at the 
instance and request of the consumer, and a fee of fifty (50) 
cents shall be paid by the consumer, in advance, to the Inspecior 
for each such inspection. All such inspection fees shall be re- 
p rted every Monday by the Inspector to the Secretary of the 
Ceuncil, and shall be turned over on the same day to the County 


Trustee to the credit of the lighting fund.* 


Sec. 1255. That failure to comply with or a violation of the 
previsions or any of them of this ordinance be, and the same 
is hereby declared a misdemeanor—each and every instance of 
such failure to comply or violation being a distinct and sepa- 
rate offense—punishable upon conviction by a fine of not less 
than $1.00 and not more than $50. 

Passed October 29, 1895. 


ARTICLE 78. 
MEMPHIS LIGHT AND POWER COMPANY. 
ORDINANCE NO. 1. 

Sec. 1256. Be it ordained by the Legislative Council of the 
City of Memphis, hereinafter called the City, That the Memphis 
Light and Power Company, a corporation created and existing 
urder the laws of the State of Tennessee, and hereinafter called 
the company, be and is hereby given and granted the right and 
privilege of constructing and maintaining, during the term of 
thirty-five years, commencing November 1, 1900, lines for con- 
ducting electricity for power, light and general electrical pur- 
poses, through the streets, alleys, lands, squares and _ public 


ri-ces of the City of Memphis, and to erect and construct such 


1 Ordinance amended. See Sections 1243-1247, ante. 


Inspection 
fees. 


Violation 
misdemeanor, 


Powers 
granted, 


810 


CITY ORDINANCES. 


MEMPHIS LIGHT AND POWER COMPANY. 


Conditions 
precedent. 


Rates. 


To  corre- 
spond with 
price of gas. 


fixtures, including poles, conduits and man-holes as may be 
{ 
necessary to enable the company to furnish electricity for com- 


mercial light, power and general purposes. 


Sec. 1257. The rights and privileges herein granted to the 
company are granted solely upon the terms and conditions here- 
inafter set forth, each and all of which terms and conditions 
are hereby declared to be conditions precedent to the original 
or continued enjoyment of any of such rights or privileges. 

Sec. 1258. The company shall, from and after July 1, 1900, 
cease to charge private consumers of electrical current for in- 
candescent lighting fifteen cents per one thousand (1,000) watts, 
but the company shall furnish to any person, firm or corpora- 
tion now using or hereafter desiring to use electricity standard 
electrical current for incandescent lighting, and shall charge 
therefor not exceeding the following rates: 

From July 1, 1900, to November 1, 1905, the gross rate after 
allowing discount shall make a net rate of fourteen (14) cents 


per one thousand (1,000) watts consumed. 


From November 1, 1905, to November 1, 1910, the gross rate 
after allowing discount shall make a net rate of thirteen and 


one-half (1314) cents per one thousand (1,000) watts. ~ 


From November 1, 1910, to November 1, 1920, the gross rate 
after allowing discount shall make a net rate of twelve and one- 
half (121%4) cents per one thousand (1,000) watts. 

From November 1, 1920, to November 1, 1935, the gross rate 
after allowing discount shall make a net rate of twelve (12) 

nis per one thousand (1,000) watts. 

But notwithstanding the maximum rates herein permitted to 
be charged, the company shall at all times reduce its charges 
for incandescent lighting to correspond with the general rates 
charged by any gas company selling illuminating gas in the 
City of Memphis, counting each cent per one thousand (1,000) 


watts in the charge for standard incandescent electrical current 


CITY ORDINANCES. 


811 


MEMPHIS LIGHT AND POWER COMPANY. 


as corresponding to each ten cents per one thousand cubic fect 
in the charge for sixteen candle power illuminating gas. 

For example, if any gas company selling gas in Memphis shall 
at any time put into effect a rate of one dollar and twenty-five 
cents ($1.25) per one thousand (1,000) cubic feet of illuminating 
gas, the Memphis Light and Power Company shall immediately 
put into effect a rate of twelve and one-half (12%) cents per 
one thousand (1,000) watts of standard electrical incandescent 
current, and maintain such rate so long as the corresponding 


gas rate shall prevail. 


Sec. 1259. Prompt payment of bills to secure discount shall 
be construed as meaning payment on or before the 6th day ot 
_ the month succeeding the one in which the current is fur- 


nished. 


Sec. 1260. The company shall furnish to any person, firm or 
corporation now using or hereafter desiring to use electricity, 
electrical current for power purposes at a rate not exceeding ten 


(10) cents per one thousand (1,000) watts. 


Sec. 1261. For all the incandescent lights in the Cossitt 
Library and in all buildings owned or used by the city or any 
of its departments where electrical current for incandescent 
lighting is now used or may hereafter be used during the ensu- 
ing thirty-five (35) years the company shall furnish standard 
current at a rate of not exceeding ten (10) cents per one thou- 
sand (1,000) watts, and not exceeding the corresponding gas 


rate as hereinbefore defined. 


Sec. 1262. If at any time any person, firm or corporation en- 
gaged in the general business of selling electrical current in the 
City of Memphis shall put into effect a general rate for incan- 
descent or arc lighting or for power less than the rate charged 
by the Memphis Light and Power Company, said company shall 


reduce its rate accordingly so that the same shall not exceed 


Example. 


Discounts. 


Power rate. 


Municipal 
buildings. 


Further 
reduction. 


812 


CITY ORDINANCES. 


MEMPHIS LIGHT AND POWER COMPANY. 


Lamp re- 
newals. 


Street lights. 


the rate generally charged by such other person, firm or corpo- 
ration for similar current and similar service. But the Memphis 
Light and Power Company shall not be bound to meet the re- 
duced rates of any such person, firm or corporation unless the 
electrical system owned and operated by such other person, firm 
or corporation shall comprise at least twenty miles of elec- 
tric wires used for lighting and power purposes, and shall have 


been in actual and general use for six months. 


Sec. 1263. The company shall, during the thirty-five years com- 
mencing November 1, 1900, furnish to all consumers of its in- 
candescent current lamp renewals from time to time as may 
be necessary free of cost to the consumer. In case of dispute as 
to the necessity for such lamp renewals the issue shall be de- 
termined by the City Electrician, and his judgment shall be con- 


clusive upon the parties. 


Sec. 1264. During the period of thirty-five (35) years commenc- 
ing November 1, 1900, the city shall have the right to require the 
Memphis Light and Power Company to furnish to the city arc 
lights for public street lighting upon all night and every night 
schedule at a price not exceeding eighty-five ($85) dollars per 
arc lamp per annum; and the city shall have the right to termi- 
nate the use of and payment for said arc lamps or any of them 
at any time the city shall see proper so to do, but such discon- 
tinuance shall take place at the end of any calendar year. Such 
arc lamps so to be furnished by the company to the city shall 
be of not less than two thousand (2,000) nominal candle power, 
and supplied with nine and six-tenths (9.6) amperes current at 
a voltage of forty-five (45) at lamp terminals. Said are lamps 
and all the wires, poles and fixtures necessary and proper there- 
for shall be erected and maintained by the company at its own 
cost, and in such number as the city may designate, and said 


are lamps shall be erected and supplied whenever and wherever 


CITY ORDINANCES. 813 


MEMPHIS LIGHT AND POWER COMPANY. 


within the city limits the city shall need or order them, and 


shall be changed from place to place as the city shall direct. 


Sec. 1265. The company shall put in and maintain in ail yeters. 
circuits correct recording watt meters, and proper reductions 
shall be made for all outages in accordance with indications on 
meter charts, and on a pro rata basis. 

Sec. 1266. The City Electrician is hereby constituted the In- Inspector of 
spector of Electric Meters. It shall be his duty, when called ite 
upon by the city, the company, or any private consumer to in- 
spect any electric meter and by proper test determine whether 
the same is correct. If the meter is running fast the company 
shall pay to the Inspector a fee of 50 cents for each meter tested, Tests. 
and also all the necessary expenses of the test. If the meter is 
correct or running slow, the private citizen asking for the test 
shall pay the expenses of the test, and the fee of fifty (50) cents. 

In case the city asks for the test and the meter is found correct 
or slow, the city shall pay only the actual expenses of the test. 
All inspection fees shall be paid to the County: Trustee for the Fees. 
use of the city. In all cases where the meter is incorrect the 


company shall correct it at once. 


Sec. 1267. The company shall, after November 1, 1900, erect 
and maintain at icenown expense, in what is hereafter called 
the “Conduit District,’ the latest improved inclosed are lamps. enon’ 
And so long as the company shall carry on business in the City 
of Memphis its poles and lamps and the method of suspending 
the same, together with all the fixtures and appliances employed 
in distributing and supplying electricity for public and private 
uses, shall be of substantial character and in keeping with the 


most improved methods adopted in the electrical art. 


Sec. 1268. The city is about to establish what is known as a 
“Conduit District,’ requiring certain poles and overhead wires 


within said district to be taken down and put into undergro’ nd 


814 


MEMPHIS LIGHT AND POWER COMPANY. 


Stipulation. 


CITY ORDINANCES. 


& 


conduits, and the poles and wires of the Memphis Light and 
Power Company are included within the provisions of the ordi- 
nances establishing said “Conduit District.” And it is ordained 
in said ordinance, which is known as the “Conduit Ordinance,” 
that the various companies therein mentioned shall, at their own 
expense, build certain manholes to receive the underground con- 
duits and ducts, and that the cost of constructing and maintain- 
ing said manholes shall be pro rated among the companies 
using the same upon a certain basis to be set forth in said 
ordinance, and that after said manholes have been constructed 
the city or its properly designated officers shall have absolute 
control over said manholes, but permitting the said electrical 
companies prompt access to said manholes under proper regu- 
lations. It is ordained in said ordinance that all the electrical 
companies named in the conduit ordinance shall enter said man- 
holes, which shall be in the nature of partnership manholes, 
and that they shall not have separate manholes; but proper 
partitions shall be constructed separating the high and low 
tension currents. Therefore, it is now ordained that the rights 
and privileges herein granted to the Memphis Light and Power 
Company are given and granted upon the express Conaition: 
which is made a condition precedent, that said company shall 
strictly obey and comply with all the terms and provisions of 
said conduit ordinance, which ordinance has been examined and 
understood by the company. Said conduit ordinance passed final 


reading before the Legislative Council on June 20, 1900. 


Sec. 1269. As a condition precedent to the enjoyment of any 
of the rights and privileges herein granted to said company, 
said company shall, within twenty days from this date, file with 
the City Secretary a written stipulation consenting to this 
ordinance and said conduit ordinance, and binding itself to 


comply with all the terms and provisions of each ordinance, 


CITY ORDINANCES. 


815 


MEMPHIS LIGHT AND POWER COMPANY. 


said stipulation to be authorized by a duly constituted meeting 


of the stockholders of the company. 


Sec. 1270. Nothing in this ordinance shall be construed to 
give or grant any exclusive right or privilege, and the city 
shall be free at all times to give or grant to any other person, 
firm or corporation, rights and privileges similar to those herein 
conferred, and such other person, firm or corporation shall have 
the right to enter and use said manholes upon paying a proper 


pro rata of the cost of construction and maintenance. 


Sec. 1271. The city grants herein only such rights and privi- 
leges as it is authorized by law to grant, and it shall not be 
liable for any want of power to pass this ordinance. The city 
does not grant away any of its police powers in any respect to 
or over the premises, rights or privileges made the subject of this 
ordinance. The express power is reserved to enlarge said con- 
duit district and to change the provisions of said conduit ordi- 
nance, and to make and enforce other regulations which progress 
in the electrical art or other changed conditions may make neces- 
sary or expedient. The city does not grant any interest in the 
soil, but only the rights and privileges herein specifically enu- 
merated, and only upon the conditions and with the limitations 
prescribed in this ordinance. 

The original and continued performance of each and every 
stipulation and condition contained herein on the part of the 
Memphis Light and Power Company is a condition of the grant 
herein contained, and the failure of the company to comply 
with this ordinance or said conduit ordinance in the manner 
and within the time required, shall, at the option of the city, 
work an entire forfeiture and cessation of all rights and privi- 
leges granted herein, but such forfeiture shall not be enforced 
unless the company shall for thirty days after notice ‘Jeglect to 
perform the obligations imposed herein. 

Passed June 21, 1900. 


Exclusive 
rights. 


Reservation 
of powers by 
city. 


Forfeiture. 


816 


CITY ORDINANCES. 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


Right to 
consolidate. 


Conditions. 


Preamble. 


ARTICLE 79. 
MEMPHIS CONSOLIDATED GAS & ELECTRIC COMPANY. 

3 ORDINANCE. | 
Sec. 1272. Be it ordained by the Legislative Council of the 
City of Memphis, Tennessee, That the Equitable Gas Light Com- 
pany of Memphis, Tennessée, and the Memphis Light and Power | 
Company, of Memphis, Tennessee, both corporations organized 
and existing under and by virtue of the laws of the State of 
Tennessee, and located and carrying on business in the City of 


Memphis, in said State, are hereby given permission and author- 


‘ity, and granted the right and privilege, to amalgamate and 


combine said corporations, either by consolidation of said cor- 
porations, or the merger of one of said corporations into the 
other, or the acquisition, by purchase, lease or otherwise, by one 
of said corporations of all the property and franchises of the 
other of said corporations, or to operate their respective plants, 
property and franchises under a common management, or to 
sell, convey, transfer, assign and set over their respective plants, 
property and franchises to another company now or hereafter 
organized, with power, under its charter, to manufacture and dis- 
tribute gas, and to generate and distribute electric current for 


purposes of light, heat and power. 


Sec. 1273. Said permission, consent and approval of the mu- 
nicipal government of the City of Memphis is given upon the 
following terms and conditions: ; 

Whereas, the Legislative Council of the City of Memphis, here- 
tofore, and on the 29th day of December, A. D. 1898, by ordinance 
duly ._passed and adopted, granted permission, consent and ap- 
proval to the New Memphis Gas Light Company and the said 
Equitable Gas Light Company, to consolidate, either by merger 
of one of said corporations into the other, or to operate their 
respective plants under one common management, or to transfer 


their respective physical properties to a third gas company, 


CITY ORDINANCES. 


817 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


as in and by said ordinance is more fully and at length specified, 
and to which ordinance reference is hereby made for greater 
certainty; and subsequently, and pursuant to such permission, 
consent and approval, the said Equitable Gas Light Company 
acquired all the property and franchises of the New Memphis 
Gas Light Company; and, 

Whereas, the terms and conditions of the ordinance evidenc- 
ing the consent of the municipal government of the City of Mem- 
phis, to the amalgamation of said New Memphis Gas Light Com- 
pany and of said Equitable Gas Light Company, was, in express 
terms, made to apply to and be binding upon any purchaser of, 
or successor to, the properties of the Equitable Gas Light Com- 
pany or the New Memphis Gas Light Company, or both of them, 
us tully as the same should apply to and be binding upon the 
original companies; and, 

Whereas, in and by the schedule of rates and charges for gas, 
in said ordinance of December 29, 1898, contained, said Equit- 
able Gas Light Company is authorized to charge, and is now 
charging consumers thereof, one dollar and thirty-five cents 
($1.35) per thousand cubic feet, for gas for illuminating pur- 
poses, and one dollar and ten cents ($1.10) per thousand cubic 
feet, for gas for fuel purposes; and, 

Whereas, by the schedule of rates and charges for Blecrrid cur- 
rent, contained in that certain ordinance passed by the Legisla- 
tive Council of the City of Memphis, on June 21, 1900, said Mem- 
phis Light and Power Company is authorized to charge, and is 
now charging consumers thereof, thirteen and one-half (1314) 
cents per thousand watts for electric current for illuminating 
purposes; subject, however, to reduction in charge, as is in said 
ordinance of June 21, 1900, provided, to which for greater cer- 


tainty, reference is hereby made. 


Sec. 1274. The permission, consent and approval of the mu- 


nicipal government of the City of Memphis to the amalgamation, 


Conditions in 
ordinance of 
Dec. 29, 1898 
and June 21, 
1900, binding. 


818 


CITY ORDINANCES. 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


Schedule of 
rates for 
gas. 


in any or either of the ways aforesaid, of the Equitable Gas Light 
Company and the Memphis Light and Power Company is upon 
the express condition that all of the conditions contained in said 
ordinance of December 29, A. D. 1898, and the ordinance of June 
21, 1900, except as herein changed and modified, shall be binding 
upon the said Equitable Gas Light Company, or the Memphis 
Light and Power Company, or the company operating the plants, 
property and franchises of said corporations, as the case may 
be, or the successor of said companies, or either of them, or 
the company acquiring the property and franchises of said cor- 
porations, respectively, so far as the same are applicable, except 
as to the clauses, sections, paragraphs and provisions fixing the 
schedule of rates to be charged for gas, and in lieu of the 
clauses, sections, paragraphs and provisions fixing the rates to 
be charged for gas, contained in said ordinance of December 29, 
1898, the Memphis Light and Power Company, and the Equitable 
Gas Light Company, or the purchasing or operating company 
acquiring the property and franchises of the other corporation, 
or any company into which the selling or consolidating company 
is merged, or consolidated, and any successor corporation acquir- 
ing the property and franchises of said Equitable Gas Light Com- 
pany and said Memphis Light and Power Company shall charge 


the following rates, that is to Say: 


For gas, to consumers thereof, for illuminating and fuel pur- 
poses, the following net rates shall be charged, after allowing 


discount for prompt payment: 


From and after October 1, 1902, and until January 1, 1904, 
gas, when used for illuminating purposes, one dollar and twenty 
cents ($1.20) per thousand cubic feet; gas, when used for fuel 


purposes, one dollar ($1.00) per thousand cubic feet. 


From and after January 1, 1904, and until July 1, 1905, gas, 


when used for illuminating purposes, one dollar and ten cents 


CITY ORDINANCES. 


819 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


($1.10) per thousand cubic feet; gas, when used for fuel pur- 


poses, one dollar ($1.00) per thousand cubic feet. 


From and after July 1, 1905, gas, when used for illuminating 
purposes, one dollar ($1.00) per thousand cubic feet; gas, when 
used for fuel purposes, one dollar ($1.00) per thousand cubic 


feet. 


For electric current to consumers thereof, the rates and charges 
shall.be the rates and charges as fixed and determined in the 
ordinance aforesaid passed June 21, 1900, granted to the Memphis 
Light and Power Company; that is to say: The Memphis Light 
and Power Company or the purchasing or consolidated company 
shall at all times reduce its charges for incandescent lighting 
to. correspond with general rates charged by any gas company 
selling illuminating gas in the City of Memphis, counting each 
cent per one thousand watts in the charge for standard incandes- 
cent electric current as corresponding to each ten cents per thou- 
sand cubic feet in the charge for sixteen candle power illuminat- 
ing gas; it being distinctly understood and stipulated that the 
charges for electric current shall be reduced to correspond with 


the reduced charges for gas as hereinbefore set forth. 


And from and after October 1, 1902, the Equitable Gas Light 
Company, or the purchasing or operating company, acquiring 
the property and franchises of the other corporation, or any com- 
pany into which the selling or consolidating company is merged 
or consolidated, and any successor corporation acquiring the 
property and franchises of said Equitable Gas Light Company, 
and of said Memphis Light dnd Power Company, shall furnish, 
in each calendar year, during the period in which the Equitable 
Gas Light Company, or the New Memphis Gas Light Company 
may have the right to maintain pipes and to manufacture and 
sell gas in the City of Memphis, under present and existing con- 


tracts, ordinances and laws, for lighting purposes, free of cost 


Rates from 
and after 
1905. 


Schedule ot 
rates for 
electric 
current, 


820 


CITY ORDINANCES. 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


Section 16 
ordinance 
passed Dec. 
29, 1898, 
repealed. 


Franchise 
rights. 


Limitation of - 


life of 
franchise. 


to the City of Memphis, gas to the amount of one thousand dol- 
lars ($1,000), at the net rate of one dollar ($1.00) per thousand 


cubic feet. 


And, in consideration of the acceptance, as hereinafter pro- 
vided, by the purchasing or operating company, or the company 
into which the selling or consolidating company is merged, or 
the company acquiring the property and franchises of the Equit- 
able Gas Light Company and the Memphis Light and Power Com- 
pany, of the reduced schedule of rates and prices for gas, as here- 
in provided, and of the undertaking to furnish and supply gas 
free of cost to the City of Memphis, as herein provided, the rates, 
prices and charges made and specified to be made, in said ordi- 
nance of December 29, A. D. 1898, for gas to consumers thereof, 
are hereby cancelled and set aside, and the sixteenth section of 


said ordinance of December 29, A. D. 1898, is hereby repealed. 


Sec. 1275. The purchasing or operating company, or the com- 
pany into which the selling or consolidating company is merged 
or consolidated, and any successor corporation acquiring the 
property and franchises of said Equitable Gas Light Company, 
and of said Memphis Light and Power Company, shall, upon 
such purchase, or merger, or other acquisition of the property 
and franchises of the selling or merging and consolidating com- 
pany, be entitled to, and be vested with, all and singular the 
rights, powers, privileges, and immunities of such corporations, 
respectively, and be authorized and empowered to exercise all 
the franchises of said corporations, and to manufacture and dis- 
tribute gas for illuminating and fuel purposes, and to generate 
and distribute electric current for purposes of jiehe. heat and 


power. 


But it is now expressly understood and stipulated that nothing 
herein contained shall ever be construed as renewing or extend- 


ing the period or date of maturity of any of the privileges, rights 


CITY ORDINANCES. 


821 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


and immunities heretofore granted by the City of Memphis, either 
to the Memphis Light and Power Company, the Equitable Gas 
Light Company, or the New Memphis Gas Light Company. And 
the right of the purchasing or consolidated, or operating com- 
pany, to maintain its poles and wires along, above or under the 
Bracts or highways of the City of Memphis, and to sell light 
and electric current in the City of Memphis, shall absolutely 
cease and determine at the expiration of the period of thirty-five 
(35) years, as fixed in the ordinance aforesaid passed on June 
21, 1900, granting to the Memphis Light and Power Company 
the rights and privileges therein set forth, and the right of the 
purchasing or consolidated company, or the company- acquiring 
the property and franchises of the Equitable Gas Light Com- 
pany, and the Memphis Light and Power Company, to maintain 
gas pipes along, or under, the streets of the City of Memphis, 
and to manufacture and sell gas within said city, shall cease and 
determine at such time or period as the right of the Equitable 
Gas Light Company and the New Memphis Gas Light Company 
to maintain such pipes and to manufacture and sell gas within 
the city, would cease and determine under present and existing 
contracts, orainances and laws, just as if this ordinance had 


never been enacted. 


And provided further, that nothing herein contained shall ever 
be construed as giving to the Memphis Light and Power Com- 
pany, or to the Equitable Gas Light Company, or to the pur- 
chasing or consolidated company, or to any other person, or cor- 
poration, any exclusive right or franchises in, along, over or 
under the streets of the City of Memphis, or any exclusive right, 
privilege or franchises to manufacture or sell gas, electric cur- 


rent, heat, light or power within the said city. 


Sec. 1276. Nothing contained in this ordinance shall be ot 
any force, virtue or effect, unless within thirty (30) days after 


the final passage hereof, a written stipulation, executed by the 


No exclusive 
rights. 


Stipulation. 


822 


CITY ORDINANCES. 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


Equitable Gas Light Company, and the Memphis Light and Power 
Company, and duly authorized by their respective Boards of 
Directors, accepting the terms and conditions of this ordinance, 
and obligating said companies, respectively, to comply with the 
terms and erie hereof, shall be filed with the said city, 
And, in the event that any third corporation shall be organized, 
for the purpose of consolidating the Memphis Light and Power 
Company, and the Equitable Gas Light Company, or purchasing 
or otherwise acquiring the property of either or both of said 
companies, then such purchasing or consolidated company shall, 
within sixty (60) days after such purchase or consolidation, file 
with the city a written stipulation, duly authorized by its Board 
of directors and executed by its officers, accepting all the terms 
and conditions of the ordinance passed December 29, A. D. 1898, 
granting certain privileges to the gas companies, except as here- 
in modified or amended, and the ordinance passed June 21, 1900, 
granting certain privileges to the Memphis Light and Power Com- 
pany, and the ordinance passed June 20, 1900, providing for the 
establishment of a conduit system in the City of Memphis, and 
also accepting all the terms and conditions of this ordinance. 
And such stipulation, when executed and filed, shall constitute 
a contract by and between the City of Memphis and ane com- 
pany or companies. And no such merger, consolidation or pur- 
chase shall be valid unless such purchasing or consolidating com- 
pany shall have filed such. stipulation as herein required.* 


Passed final reading September 25, 1902. 


1 The Mayor reported that he had been in conference with Messrs. R. A. 
Speed, President, and Richard Rees, Manager of the Memphis Consolidated Gas 
and Electric Company, respecting the installation of additional electric lights in 
the city; the Board of Fire and Police Commissioners having expressed themselves 
of the opinion that it would be well to dispense with a number of gas and vapor 
lights, to be replaced by electric lights. That the said representatives of the 
gas and elecric company had agreed to furnish the city electric lights at $75.00 
per year each, provided the city would install not less than 200 additional 
lights, ete. 

On motion of Mr. Walsh, seconded by Mr. Bruce, it was ordered that 200 
extra arc lights be put up in the city, including those recently put up, under 
the supervision of Mr. Jos. Braun and the Mayor, at the rate of $75.00 per year. 

(See Book A, page 508, Board of Fire and Police Commissioners (Upper 
Board). Also Book B, page 145, Fire and Police Commission. Also Book B, page 
110, Upper Board.) 


CITY ORDINANCES. 


823 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


STIPULATION. 
MEMPHIS CONSOLIDATED GAS & ELECTRIC COMPANY ACCEPTING TERMS 
AND CONDITIONS OF ORDINANCE PASSED SEPTEMBER 25, 1902. 

Whereas, the Legislative Council of the City of Memphis, Ten- 
nessee, on September 25, 1902, passed and adopted a certain 
ordinance, wherein and whereby the permission and authority 
of the municipal government of the City of Memphis, Tennessee, 
was given and granted to the Equitable Gas Light Company of 
Memphis, Tennessee, and the Memphis Light and Power Com- 
pany, to sell, convey, transfer, assign and set over their respec- 
tive plants, property and franchises to another company, then 
or thereafter organized, with power, under its charter, to manu- 
facture and distribute gas, and to generate and distribute elec- 
tric current, for purposes of light, heat and power, as will more 


fully and at large appear by reference to said ordinance; and, 


Whereas, the Memphis Consolidated Gas and Electric Com- 
pany has power, under its charter, to manufacture and distrib- 
ute gas, and to generate and distribute electric current, for pur- 
poses of light, heat and power, and to enable it to carry out 
the purposes of its incorporation, has acquired, by purchase, the 
property and franchises of the Equitable Gas Light Company of 
Memphis, Tennessee, and the Memphis Light and Power Com- 
pany, severally, save and except the respective franchises of said 


corporations to be a corporation, severally; and, 


Whereas, in and by said ordinance of the Legislative Council 
of the City of Memphis, Tennessee, passed and adopted Septem- 
ber 25, 1902, it is provided that any company purchasing or 
otherwise acquiring the property of either or both said Memphis 
Light and Power Company and the Equitable Gas Light Company 
of Memphis, Tennessee, shall, within sixty (60) days after such 
passage, file, with the City of Memphis, a written stipulation, 
duly authorized by its Board of Directors, and executed by its 


officers, accepting all of the terms and conditions of that certain 


824 


CITY ORDINANCES. 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


crdinance passed December 29, 1898, granting certain privileges 
to the Equitable Gas Light Company of Memphis, Tennessee, 
(except as the same was and is modified or amended by said 
ordinance passed September 25, 1902), and also accepting all of 
the terms and conditions of that certain ordinance passed June — 
21, 1900, granting certain privileges to the Memphis Light and 
Power Company, and of that certain other ordinance, passed 
June 20, 1900, providing for the establishment of a conduit sys- 
tem in the City of Memphis, and also accepting all of the terms 


and conditions of said ordinance of September 25, 1902; and, 


Whereas, on the 17th day of March, 1903, said Memphis Con- 
solidated Gas and Electric Company acquired, by purchase, all 
and singular the property, assets and effects of the Memphis 
Light and Power Company, together with all franchises, licenses, 
rights and privileges of said Memphis Light and Power Com- 
pany (save and except the franchise to be a corporation, granted 
by the State of Tennessee), and all and singular the property, 
assets and effects of the Equitable Gas Light Company of Mem- 
phis, Tennessee, together with all franchises, licenses, rights and 
privileges of said Equitable Gas Light Company of Memphis, 
Tennessee, (save and except the franchise to be a corporation, | 
granted by the State of Tennessee), and said Memphis Consoli- 
dated Gas and Electric Company desires to accept said ordinance 
of September 25, 1902, and the terms and conditions thereof, 
and to file with the City of Memphis a written stipulation, being 
this instrument, duly authorized by its Board of Directors, ac- 
cepting all the terms and conditions of said ordinance passed 
December 29, 1898, except as modified or amended by said ordi- 
nance passed September 25, 1902, and accepting the terms and 
conditions of said ordinance passed June 21, 1900, and said ordi- 


nance passed June 20, 1900. 


Now, therefore, know all men by these presents, That the Mem- 


phis Consolidated Gas and Electric Company, in consideration 


CITY ORDINANCES. 


825 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


of the premises, does hereby accept the said ordinance passed 
and adopted by the Legislative Council of the City of Memphis, 
Tennessee, on September 25, 1902, and all the terms and condi- 
tions thereof, and does hereby covenant and agree to comply 
with, and abide by, the terms and conditions of said ordinance 
upon it imposed, as the company purchasing the property, assets 
and effects of the Memphis Light and Power Company, and the 
Equitable Gas Light Company of Memphis, Tennessee, in man- 
ner and form as is in said ordinance of September 25, 1902, con- 


tained and set forth. 


And the Memphis Consolidated Gas and Electric Company does 
hereby stipulate and agree that it does, and will, accept all the 
terms and conditions of that certain ordinance passed Decem- 
ber 29, 1898, granting certain privileges to the Equitable Gas 
Light Company of Memphis, Tennessee, except as said ordinance, 
and the terms and conditions thereof, has been, and is, modified, 
or amended, by the said ordinance passed and adopted by the 
Legislative Council of the City of Memphis, Tennessee, on Sep- 
tember 25, 1902, ad does also accept all the terms and condi- 
tions of that certain other ordinance passed and adopted June 
21, 1900, granting certain privileges to the Memphis Light and 
Power Company, and does also accept all the terms and condi- 
tions of that certain other ordinance passed and adopted June 
20, 1900, providing for the establishment of a conduit system in 
the City of Memphis. 


In witness whereof, the Memphis Consolidated Gas and Elec- 
tric Company has caused this instrument to be executed by its 
President and its corporate seal to be hereto attached, duly at- 
tested by its Secretary, the action of said President and said 
Secretary, respectively, being thereto authorized by the Board 


of Directors of the said Memphis Consolidated Gas and Elec- 


826 


CITY ORDINANCES. 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


tric Company. All done at the City of Memphis, Tennessee, 
this 18th day of March, A. D. 1908. 7 
MEMPHIS CONSOLIDATED GAS & ELECTRIC CO., 
[SEAL M. C. G. & E. CO.] By G. M. GUNDERSON, President. 
RICHARD REES, Secretary. 


STATE OF TENNESSEE, \ 

CouNTY OF SHELBY. 

Richard Rees, being first duly sworn, states on his oath that 
he is the Secretary of the Memphis Consolidated Gas and Electric 
Company; that the foregoing acceptance and stipulation was 
executed on behalf of said Memphis Consolidated Gas and Elec- 
tric Company by G. M. Gunderson, its President, and that the 
corporate seal of said Memphis Consolidated Gas and Electric 
Company was attached thereto by this affiant as its Secretary; 
that said acceptance and stipulation was authorized to be exe- 
cuted and filed with the City of Memphis, Tennessee, by resolu- 
tion of the Board of Directors of said Memphis Consolidated 
Gas and Electric Company, duly adopted at a meeting neld at 
the office of said company on the 17th day of March, A. D. 1903, 
at which meeting a quorum of the said Board of Directors was 
present; and that the said resolution is, at the date hereof, otf 
full force and binding effect as the act and deed of the Board 
of Directors of said Memphis Consolidated Gas and Electric 


Company, and of said company. 


Affiant further states that, at the time of the execution of 
this acceptance and stipulation, G. M. Gunderson was the Presi- 
dent, and this affiiant the Secretary, of said Memphis Consoli- 
dated Gas and Electric Company; that the corporate seal thereto 
attached is the corporate seal of said company; and that said 
acceptance and stipulation was executed by said President and 


this affiant, pursuant to the authority and direction of the Board 


CITY ORDINANCES. 827 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


of Directors of said Memphis Consolidated Gas and Electric 
Company. RICHARD REES, 
Secretary of the Memphis Consolidated Gas & Electric Co. 
Subscribed and sworn to before me this 18th day of March, 
A. D. 19038. 
[SEAL N. P.]| F. M. GUTHRIE, Notary Public. 


STIPULATION. 
EQUITABLE GAS LIGHT COMPANY AND MEMPHIS LIGHT & POWER 
COMPANY. 

Whereas, the Legislative Council of the City of Memphis, Ten- 
nessee, on September 25, 1902, passed and adopted a certain ordi- 
nance, wherein and whereby the permission and authority of 
the City of Memphis, Tennessee, was given and granted to the 
Equitable Gas Light Company of Memphis, Tennessee, and the 
Memphis Light and Power Company of Memphis, Tennessee, to 
amalgamate and combine said corporations, either by consolida- 
tion of said corporations, or the merger of one of said corpora- 
tions into the other, or the acquisition, by purchase, lease or 
otherwise, by one of said corporations, of all the property and 
franchises of the other of said corporations, or to operate their 
respective plants, property and franchises under a common man- 
agement, or to sell, convey, transfer, assign and set over their 
respective plants, property and franchises to another company 
now or hereafter organized, with power, under its charter, to 
manufacture and distribute gas, and to generate and distribute 
electric current, for purposes of light, heat and power, as will 
more fully and at large appear by reference to said ordinance; 
and, 

Whereas, in and by said ordinance, it is provided that within 
thirty (30) days after the final passage thereof, a written stipu- 
lation executed by the Equitable Gas Light Company, and the 
Memphis Light and Power Company, and duly authorized by 


their respective Boards of Directors, accepting the terms and 


828 


CITY ORDINANCES. 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


conditions of said ordinance, and obligating said companies, re- 
spectively, to comply with the terms and conditions thereof, shall 


be filed with the said City of Memphis; and, 


Whereas, for the purpose of accepting the’ said ordinance, and 
undertaking to comply with the terms and conditions thereof, 
such acceptance to be evidenced by written stipulation to be filed 
with said City of Memphis, Tennessee, the Board of Directors of 
the Equitable Gas Light Company, and the Board of Directors 
of the Memphis Light and Power Company, respectively, have 
authorized and directed the President and Secretary of said 
corporations, respectively, to execute and file with said. City of 
Memphis, a formal written acceptance of said ordinance and 
stipulation to comply with the terms and conditions thereof, 


being this instrument. 


Now, therefore, know all men by these presents, That the Equit- 
able Gas Light Company, and the Memphis Light and Power — 
Company, respectively, each acting for itself, its successors and 
assigns, does hereby accept the said ordinance passed and adopt- 
ed by the Legislative Council of the City of Memphis, Tennes- 
see, on September 25, 1902, and each of said corporations, acting 
for itself, its successors and assigns, does hereby covenant and 
agree to comply with the terms and conditions of said ordinance, 
and to be bound thereby, in manner and form as therein con- 


tained and set forth. 


In witness whereof, the Equitable Gas Light Company has. 
caused this instrument to be executed by its President, and its 
corporate seal to be hereto attached, duly attested by its Secre- 
tary, and the Memphis Light and Power Company has caused 
this instrument to be executed by its President, and its corpo- 
rate seal to be hereto attached, duly attested by its Secretary; 
the action of said officers of said corporations, respectively, be- 
ing thereto severally authorized by the respective Boards of 


Directors of said corporations. 


CITY ORDINANCES. 829 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 


All done at the City of Memphis, Tennessee, this 3d day of 
October, A. D. 1902. 
EQUITABLE GAS LIGHT COMPANY, 
By FRANK GRAHAM JONES, President. 
Attest: FRANK JONES, Secretary. 
[SEAL E. G. L. CO.] 
MEMPHIS LIGHT & POWER COMPANY, 
By SAMUEL T. CARNES, President. 
Attest: J. W. CLAPP, Secretary. 


[SEAL M. L. & P. CO.] 


STATE OF TENNESSEE, 

CoUNTY OF SHELBY. 

Frank Jones, being first duly sworn, states on his oath that 
he is the Secretary of the Equitable Gas Light Company; that 
the foregoing acceptance and stipulation was executed on behalt 
of the Equitable Gas Light Company by Frank Graham Jones, 
its President, and that the corporate seal of said Equitable Gas 
Light Company was attached thereto by this affiant as its Secre- 
tary; that said acceptance was authorized to be executed and 
filed with the City of Memphis by resolution of the Board of Di- 
rectors of the Equitable Gas Light Company, duly adopted at a 
meeting held at the office of said company on the 3d day of 
October, A. D. 1902, and that said resolution is, at the date 
hereof, of full and binding force and effect, as the act and deed 
of the Board of Directors of said Equitable Gas Light Company. 
Affiant further says that at the time of the execution thereof, 
_ the said Frank Graham Jones was President, and this affiant was 
Secretary, of said Equitable Gas Light Company; that the corpo- 
rate seal thereto attached is the corporate seal of said Equitable 
Gas Light Company; and that this instrument was executed by 


Said President and this affiant pursuant to authority and direc- 


830 CITY ORDINANCES. 


CONSOLIDATED GAS AND ELECTRIC COMPANY. 
tion of the Board of Directors of said Equitable Gas Light Com- 
pany. : FRANK JONES, 

Secretary of the Equitable Gas Light Co. 
Subscribed and sworn to before me this 3d day of October, 
A. D. 1902. F. M. GUTHRI, 
[SEAL N. P.] Notary Public, Shelby County, Tenn. 


STATE OF TENNESSEE, 
COUNTY OF SHELBY. 


J. W. Clapp, being first duly sworn, states on his oath that he 
is the Secretary of the Memphis Light and Power Company; 
that the foregoing acceptance and stipulation was executed on 
behalf of the Memphis Light and Power Company by Samuel T. 
Carnes, its President, and that the corporate seal of said Memphis 
Light and Power Company was attached hereto by this affiant 
as its Secretary; that said acceptance was authorized to be exe- 
cuted and filed with the City of Memphis, by resolution of the 
Board of Directors of the Memphis Light and Power Company, 
duly adopted at a meeting held at the office of said Company 
on the 38d day of October, A. D. 1902, and that said resolution 
is, at the date hereof, of full and binding force and effect, as the 
act and deed of the Board of Directors of said Memphis Light 
and Power Company. Affiant further says that at the time of 
the execution hereof, the said Samuel T. Carnes was President, 
and this affiant was Secretary, of said Memphis Light and Power 
Company; that the corporate seal thereto attached is the corpo- 
rate seal of said Memphis Light and Power Company; and that 
this instrument was executed by said President, and this affiant, 
pursuant to authority and direction of the Board of Directors 


of said Memphis Light and Power Company. 
J: Wy 7GBAPE, 
Secretary of the Memphis Light and Power Co. 
Subscribed and sworn to before me this 3d day of October, 
A. D. 1902. F. M. GUTHRIB, 
[SEAL N. P.] Notary Public, Shelby County, Tenn. 


CITY ORDINANCES. 


831 


MERCHANTS’ POWER COMPANY. 


MEMPHIS CONSOLIDATED GAS & ELECTRIC COMPANY. 

The Mayor reported that he had been in conference with 
Messrs. R. A. Speed, President, and Richard Rees, Manager of 
the Memphis Consolidated Gas and Electric Company, respecting 
the installation of additional electric lights in the city; the Board 
of Fire and Police Commissioners having expressed themselves 
of the opinion that it would be well to dispense with a number 
of gas and vapor lights, to be replaced by electric lights. That 
the said representatives of the gas and electric company had 
agreed to furnish the city electric lights at $75.00 per year, 
each, provided the city would install not less than 200 additional 


lights, ete. 


On motion of Mr. Walsh, seconded by Mr. Bruce, it was ordered 
that 200 extra are lights be put up in the city, including those 
recently put up, under the supervision of Mr. Jos. Braun and 


the Mayor, at the rate of $75.00 per year. 


(See Book A, page 508, Board of Fire and Police Commission- 
ers (Upper Board). Also Book B, page 145, Fire and Police Com- 
mission. Also Book B, page 110, Upper Board.) 


ARTICLE 80. 


MERCHANTS’ POWER COMPANY. 


ORDINANCE. 


Sec. 1277. Be it ordained by the Legislative Council of the 
City of Memphis, hereafter called the City, That the Merchants’ 
Power Company, a corporation created and existing under the 
laws of the State of Maine, and hereinafter called the company, 
its successors and assigns, be, and is hereby given, the right and 
privilege of constructing, owning and maintaining or operating, 
during the period ending November 1, 1930, lines for conducting 
electrical energy through the streets, alleys, lands and squares 
and public places of the City of Memphis; and to erect and con- 


Struct, lease, acquire or operate wires, poles, conduits, manholes 


Electric light 
franchise 


ending 


1, 1930 


Nov. 


832 


MERCHANTS’ 


Conditions. 


Rate of 
charges. 


Uses for 
power 
purposes. 


To make rate 
conform to 
that of other 
companies. 


CITY ORDINANCES. 


POWER COMPANY. 


or other equipment as may be necessary to enable the company 
to furnish electricity for commercial light, power and general 


purposes. 


Sec. 1278. The rights and privileges herein granted to the 
company are granted solely upon the terms and conditions here- 
inafter set forth, each and all of which terms and conditions are 
hereby declared to be conditions precedent to the original or 


continued enjoyment of any such rights or privileges. 


Sec. 1279. The company shall have the right to charge con- 
sumers of electrical energy 10 cents per kilowatt, but shall allow 
to consumers who contract with it for a period of five years a 
discount of 15 per cent. on this rate, and an additional discount 
of 5 per cent. shall be allowed to all consumers for the payment 
of bills on or before the 10th day of the month for the previous 
fiscal month’s supply. 


If such energy is used for power purposes in propelling machin- 
ery used for manufacturing purposes only, such discount for such 
five-year contracts and prompt payment of bills shall be made as 
will make the net rate to the consumer for the first one hundred 
kilowatts per month, 7% cents; for the next one hundred kilo- 
watts, 7 cents per kilowatt; for the next one hundred kilowatts, 
6 cents per kilowatt; for the next one hundred kilowatts and over, 
5 cents per kilowatt; or a flat rate of $4.50 per horse power per 
month of twenty-five working days of ten working hours, at the 


option of the consumer. 


If at any’ time after five years from the date at which the 
company has been furnishing service, any other corporation do- 
ing a general business of selling electrical energy in the city, 
shall put into effect a general rate for incandescent lighting less ° 
than the rate permitted to ve charged, this company shall reduce 
its rate accordingly while such competing rate is maintained, so 


that the same shall not exceed the rate generally charged by 


CITY ORDINANCES. 


833 


MERCHANTS’ POWER COMPANY. 


such competing corporation for similar service. But this com- 
peny shall. not he bound to meet the reduced rates of any such 
competitor unless the system operaied by it shall comprise at 
least twenty-five milés of electric wires used for lighting and 
power purposes, and such rate shall be in actual and general 


operation for six months. 


Sec. 1280. The company shall furnish free of cost to all con- 
sumers of incandescent current, renewals of clear glass lamps, 
8, 16 or 32 candle power, when the efficiency of such lamps is 
impaired to the extent of 25 per cent., upon the lamps being re- 
turned to the company’s office with the glass unbroken and base 


sealed. 


In case of dispute as to the necessity for such lamp renewals, 
the issue shall be determined by the City Electrician, and his 


judgment shall be conclusive on the parties. 


The company may require a deposit from irresponsible custom- 


ers aS a guaranty of safe return of meters. 


See. 1281. The company shall put in and maintain in all cir- 
cuits where energy is furnished on meter basis, standard record- 


ing watt meters. 


The City Electrician is hereby constituted the Inspector of 


Electric Meters. It shall be his duty when called upon by the 


city, the company, or any private consumer to inspect any electric © 


meter, and by proper test determine whether the same is correct. 
If the meter is running fast the company shall pay the inspector 
a fee of 50 cents for each meter tested, and also all necessary 
expenses of the test. If the meter is correct, or running slow, 
the private citizen asking for the test shall pay the expenses of 
the test, and the fee of 50 cents. In case the city asks for the 
test and the meter is found to be correct or slow, the city shall 
pay only the actual expense of the test. All inspection fees shall 


be paid to the County Trustee for the use of the city. In all cases 


To furnish 
lamps free. 


Renewals of 
lamps. 


Deposit 


Meters. 


City 


Elec- 


trician to in- 


spect 


meters. 


834 


MERCILANTS’ 


Conduit 
district. 


To replace 
streets, etc., 
in good con- 
dition. 


Liable for all 
damages. 


Smoke con- 
sumers. 


Posts. 


CITY ORDINANCES. 


POWER COMPANY, 
where the meter is found incorrect the company shall correct it 


at once. . 


Sec. 1282. The company shall not cross or parallel any 
streets or alleys or public places in the conduit district with 
poles and aerial lines, but all such lines shall be placed in under- 
ground conduits; and the company is granted the privilege of 
acquiring conduit space and manholes by lease or purchase from 
any of the companies now owning same by agreement with said 
companies; or in the manner provided in the conduit ordinance, 
and the several contracts and ordinances under which the con- 
duits now in the city were constructed. Or the company may con- 


struct its own independent system of conduits and manholes. 


Sec. 1283. The company shall, in the erection of their poles, ° 
and the laying of there conduits, replace the earth, sidewalks and 
streets, in all respects, in as good condition as they were before 
being disturbed, and to the entire satisfaction of the City Engi- 
neer, and ine work shall ‘be done so as not to interfere unneeces- 
sarily with, or injure any public or private property, or with the 


ry 


public service in any way. 


Sec. 1284. The company, as between it and the City of Mem- 
phis, shall be liable for all damages that may arise on account 
of the work of construction or the maintenance and operation of 
the said grantees to private property or to persons, or by any rea- 
son of any default of the company, and it shall save and hold the 
city harmless from all such damages. 

Said company shall in both plants install anes consumers of 
the latest improved pattern. 

Provided, further, That the said company shall use only the 
best red cedar, chestnut or steel poles for the purpose of main- 


taining their wires. 


oo) 


CITY ORDINANCES. 


835 


MERCHANTS’ POWER COMPANY. 


Sec. 1285. The company shall begin furnishing electric serv- 
ice at the rates and in the manner herein specified in the conduit 
district not later than January 1, 1907. 

Said company, whenever notified by the city, shall extend its 
service into any part and along any streets of the City of Mem- 
phis, and all of the territory hereafter annexed thereto, when- 
ever there shall be as many as two consumers and one street 
lamp for each 500 feet of extension, or, if no street lamp, then 
whenever there shall be as many as five consumers for each 500 


feet of extension. 


Sec. 1286. That if at any time after ten years from the date 
of the execution of this contract, the said City of Memphis should 
desire to acquire the ownership of the entire Merchants’ Power 
Company’s electric plant and properties, the latter company 
hereby agrees to sell the same to said municipality upon terms 
fair, just and reasonable to both parties, but said municipality 
shall give said Merchants’ Power Cinrn oaiie six months’ notice 


of its determination to make said purchase. 


And if by the time of the expiration of said notice the said 
parties shall not have agreed upon a price, then that said power 
plant and properties shall be valued by two disinterested elec- 
trical engineers, one to be appointed or selected by each party, 
and a third electrical engineer to be appointed by the two parties 
so selected, and upon the payment to said Merchants’ Power 
Company by the City of Memphis of the valuation so assessed 
and fixed, without reference to the franchise value, the right to 
all such power plant and properties shall vest in said City of 
Memphis. 

And in the event that said Merchants’ Power Company, at the 
end of six months, shall refuse, when requested by the said City 
of Memphis, to select one disinterested engineer upon its part 
as aforesaid, then that said City of Memphis may and shall, 


Within ten days after, appoint the two disinteresteu persons 


Service to 
commence, 


To extend 
service, 


Option to 
purchase 
plant. 


Appraisers’ of 
franchise 
value, 


836 


CITY ORDINANCES. 


it 


MERCHANTS’ 


Franchise gas 
plant, 
35 years. 


To re-lay 
streets 
taken up. 


Candle power. 


POWER COMPANY. 


aforesaid, who shall select the third as above provided. It is also 
agreed that the aforesaid six months’ notice, whenever given, 
shall be so given as to expire on the lst of January or the 1st 


of July next thereafter. 


Sec. 1287. The company is hereby given and granted the fur- 
ther right and privilege of erecting and maintaining for the pe- 
riod ending November 1, 1935, in the City of Memphis, a gas 
plant, and to occupy with its pipes and mains, posts, and appa- 
ratus, the streets and alleys, sidewalks and public places of the 


ClEy. 


Whenever streets, sidewalks or pavements of any kind are 
taken up by the company for the purpose of laying said mains 
or pipes, the company shall relay or replace said streets, side- 


walks or pavements under the supervision of the City Engineer. 


Sec. 1288. Said company shall in no event furnish gas to the 
city or its inhabitants of less than 20 candle power, and they are 
relieved of the duty of furnishing gas of more than 20 candle 


power. 


But nothing in this ordinance shall be considered to limit 


the right of the consumer to attach 'to or near his burners any 


Meters. 


improved burner, regulator or carburetter. 


Sec. 1289. Said company shall furnish correct meters. Said 
meters shall be subject at all times to the inspection of the in- 
spector selected and chosen by the city. All meters running 
either fast or slow not more than 2 per cent. shall not be con- 
sidered in violation of the law, or subject the offender to a fine, 
but said meter shall, upon the request of consumer, be corrected. 
If a meter is fast beyond 2 per cent., then credit shall be given 


upon the bills of the company furnishing the gas for said excess; 


_ but no allowance of said credit shall be made beyond a period of 


six months: 


CITY ORDINANCES. 


— $$$ SS +e 


837 


MERCHANTS’ POWER COMPANY. 


Sec. 1290. Said company shall furnish’. free. of cost, service 


pipes from their mains to the property line of the consumer. 


Sec. 1291. No gas shall be sold at prices exceeding 90 cents 
for 1,000 cubic feet. Provided, that if at any time a corporation 
engaged in the general business of furnishing eas in the City 
of Memphis shall reduce its rates below that herein authorized to 
be charged, the company shall reduce its rate accordingly, so 
that the same shall not exceed the rate generally charged by 
such corporation for gas. But such rate must have been in force 


for six months. 


Sec. 1292. Should the company not install its gas plant prior 
to January 1, 1910, this franchise, so far as it authorizes the 
construction of a gas plant, shall become void; but the validity 


of the other grants herein shall not be thereby affected. 


Sec. 1293. The city grants herein only such rights and privi- 
leges and contracts only such liabilities as-.it is authorized by 
law to grant and contract, and it shall’ not be liable for any 
want of power to pass this ordinance or make this contract; 
but if any part of this ordinance or contract shall be invalid, 
such part of same shall be treated as surplusage, and the valid 
portion shall be effective. The city does not grant away any ot 
its police powers in any respect to or over the premises, rights 
and privileges made the subjéct of this ordinance. The express 
power is reserved to enlarge said conduit district, and to make 
and enforce other regulations which progress in the electrical 
art may make, necessary. The city does not grant any interest 
in the soil, but only the rights and privileges herein specifically 
enumerated; and only upon the conditions, and with the limita- 
tions prescribed in this ordinance. Nothing herein shall be con- 
Strued as a waiver by the city of any of its taxing powers. 
Nothing herein contained shall be construed as the grant of 


any exclusive right or privilege of any character. 


Pipes to 
property line. 


Rate of 
charges, 


Grants only 
such rights 
as city has 
the power. 


838 CITY ORDINANCES. 
MERCHANTS’ POWER COMPANY. 
Forfeiture. Sec. 1294. The original and continued performance of each 


Rights may 
be assigned. 


Lights on 
Main street. 


Are lights. 


Stipulation. 


and every stipulation and condition contained herein on the part 
of the company is a condition of the grant herein contained, 
and the failure of the company to comply with this 
ordinance in the manner and within the time prescribed shaun 
at the option of the city, work an entire forfeiture and cessation 
of all rights and privileges granted herein, but such forfeiture. 
shall not be enforced unless the company shall for sixty days 


after notice neglect to perform the obligations imposed. 


Sec. 1295. The rights, privileges and franchises, or any of 
them, herein granted may be assigned, transferred or encum- 
bered, but always subject to the limitations and conditions here- 
in provided. But it is expressly understood that neither the com- 
pany nor any successor or assign shall consolidate with the 
Consolidated Gas, Electric Light and Power Company, except by 
the consent of the city being first obtained, together with the 
payment to the city of $100,000 as a penalty therefor. 


Sec. 1296. In consideration of the srant of the rights herein- 
before enumerated, the company agrees. to light Main street 
with a sufficient number of are lights, 450 watts, from north side 
of Auction street to the south side of Broadway, the number of 
lights to be determined by the Legislative Council; but under 


no circumstances to be less than fifty lights. 


It is also agreed that the city will never be required to pay 
more than $75 per are light; or, 7 cents per kilowatt for all 


other lights. 


Sec. 1297. As a condition precedent to the enjoyment of any 
of the rights and privileges herein granted to said company, said 
company shall, within twenty days from this date, file with the 
City Secretary a written stipulation consenting to this ordinance 


and binding itself to comply with all the terms and provisions 


CITY ORDINANCES. 839 


MERCHANTS’ POWER COMPANY. 


of same; said stipulation to be authorized by a duly constituted 


meeting of stockholders of the company. 


Sec. 1298. Within the same time the company shall file with Bond. 
the City Secretary a good bond, to be approved by the Board of 
Fire and Police Commissioners, in the penalty of $50,000, con- 
ditioned that it will begin furnishing electric service to private 
consumers in the conduit district by January 1, 1907. 


Passed final reading Friday, February 24, 1905. 


STIPULATION. 

At a special meeting of the stockholders of the Merchants’ 
Power Company, held at Augusta, Maine, at the office of Wil- 
liamson & Burleigh, on March 6, 1906, all of the stockholders be- 
ing represented in person er by proxy, the following resolution 
was unanimously adopted: 

“Resolved, That the Merchants’ Power Company does accept 
the ordinance entitled the ‘Merchants’ Power Company Ordi- 
nance,’ passed by the Legislative Council of the City of Mem- 
phis, February 24, 1905, and does hereby consent to said ordi- 
nance and binds itself to comply with all the terms and condi- 
tions of same. 

“Resolved, further, That a copy of this resolution be filed as 
the stipulation required by Section 19 of said ordinance with the 


City Secretary.” 


I certify that the foregoing is a true and correct copy of the 
resolution of the Merchants’ Power Company, adopted at the 
special meeting of the stockholders on March 6, 1905, and pur- 
suant to the resolution then adopted this stipulation is filed with 
the City Secretary in compliance with Section 1297 of said ordi- 


nance. W.-H. FLOWERS, Secretary. 
March 14, 1905. 


840 


CITY ORDINANCES. 


CONDUIT ORDINANCE. 


Conduit . 
district. ° 


ARTI CUB sie 
CONDUIT ORDINANCE. 


Sec. 1299. Be it ordained by the Legislative Council of the 
City of Memphis, That, except as hereinafter .provided, every per- 
son, firm, corporation~or. organization having obtained or that. 
may hereafter obtain, a grant or permission to operate within 
the City of Memphis any telegraph, telephone, electric light or 
power service, requiring the distribution of electrical energy by 
means of wires along or across the public thoroughfares ‘of the 
city, are hereby prohibited, from and after the passage of this 
ordinance, from constructing such wire, lines or any of their 
poles or appurtenances above the ground in» passing along or 
across such public thoroughfares within the limits to be known 
as the “Conduit District,’ bounded as follows: On the north by 
the first alley north of Exchange street; on the south by a line 
one hundred and forty-eight and one-half (14814) feet south 
os the south line of Vance street; on the east by the first alley 
east of Third street from Exchange street south to [Madison ave- 
nue, and thence extended east on Madison avenue to a point’ not 
less ‘than one hundred and fifty feet east of the east line of 
Weéllington street; thence returning on the south side of Madison 
avenue to the first alley east of Third’ street; and .running 
thence South to]*’ Union street; thence east on Union street to 
Hérnando street; thence along the east line of Werncenp street 
to |Beale avenue, and running thence east on Beale avenue to 
two hundred feet east of Fourth street (formerly DeSoto street) : 
thence returning on the south side of Beale avenue to Hernando: 
street; thence south along the east line of Hernando street to]: a: ~ 
point one hundred. and forty-eight and one-half (14814) feet 
south of the south line of Vance street; and on the west by a 


line commencing at Exchange street Oe (20) feet west of 


1.In brackets passed ean 30, 1909. 


The extension of district on Madison and Beale avenues passed September 
17, 1908, and January 30, 1909. 


CITY ORDINANCKS. 841 


CONDUIT ORDINANCE. 
the .west line of Front street; thence. south. to Howard .Row; 
thence’ west with Howard Row to Clinton street; thence south 
with the west’ side of Clinton’ street to a point one hundred and 
forty-eight and one-half: (14814) feet south: of the south line. ot 
‘Vance’ street:: Said “Conduit Distritt’ shall mclide ssaid~streéts. 

Provided, That the following eth ead pee with their appurte- xegpted 
nances are.excepted from. the requirements -of: this ordinance: eae 

a. All wires and poles: used for street railway operation. | 

b. All wires band lamp poles, with such appurtenances as may 
be deemed desirable by the Legislative Council of the city, used 
for the purpose of public street lighting. 

e. Such wires, poles and other appurtenances as may be 
deemed unobjectionable by the Legislative Council of the City 
of Memphis, within the faite of any block used for the pur- 
pose of sub-distribution of wires within that block; but in 
no event shall’ ‘such wires is permited to cross any street or alley 
overhead, within such Conduit District. 

Sec. 1300. Be it further ordained, That any person, firm or Hbstoval of 
corporation owning any telegraph, telephone, electric power or Slane 
otlier electric service lines, with the exceptions aforesaid, pass- 
ing along or across any public thoroughfares within the terri- 
tory described, above ground, shall remove all of their . poles, 
wires, guy- wires, and all other appurtenances within six months : 
after. the passage of this ordinance. All the expenses connected 
with the earl of such poles, wires and other appurtenances,,. 
and the making zood of any damage done to any public or pri- 
vate property in so doing, shall be borne by the parties owning 
such poles, wires and appurtenances. When poles are removed 
from public streets, thoroughfares or alleys, the hole shall be 
filled up and the sidewalks and pavements placed in good con- 
dition Similar to the surrounding sidewalk or pavement, and in 


@ manner satisfactory to the City Engineer. 


842 


CITY ORDINANCES. 


CONDUIT ORDINANCE. 


Control of 
manholes. 


Application 
for permits. 


Duties of 
City Engi- 
neer. 


Sec. 1501. Be it further ordained, That in the public thorough- 
fares, streets, alleys and squares within the territory hereinabove 
described, after six months from the passage of this ordinance, 
all electric service wire lines, with the exceptions hereinabove 
mentioned, shall be placed in conduits underground, under the 


following restrictions and regulations: 


The city shall control all manholes into which conduits run. 


Before any person, firm or corporation shall proceed to con- 
struct, alter or repair any such underground conduit into which 
to run any electric service wire line, said person, firm or corpora- 
tion shall make application to the Legislative Council for a per- 
mit to perform such work. Such application shall state the 
name of the applicant, the purpose for which the use of the con- 
duit or conduits is desired, the materials of which it is proposed 
to construct them, together with the plans and specifications 
showing the proposed method of construction. All such appli- 
cations shall be accompanied by detailed plans showing the 
desired route of conduits, grouping of ducts and distribution of 
boxes. | 

Applications shall also state the arrangement, section and 
general disposition of electrical conductors which it is proposed 
to place in the conduits for which application is made to con- 


struct. 


When such applications, together with the data mentioned, 
have been filed with the City Engineer, it shall be his duty to 
see that proposed conduits in their route, disposition, material 
and construction conform with the general rules and require- 


ments governing same, adopted by the City of Memphis. 


The City Engineer shall also decide as to proper depths, gra- 
dients, ventilation and drainage proposed to be given to the 
conduits, such data receiving also the indorsement of all city 


officers whose duties require them to supervise any underground 


CITY ORDINANCES. 


843 


CONDUIT ORDINANCE, 


construction whatever, so that no undue interference with the 
other underground construction may result from the building ot 


the conduits. 


Conduits shall be provided with ducts 50 per cent. in excess ot 
those required to carry the wires in use along the routes of the 
proposed conduits at the time of making application for a per- 


mit to construct the same. 


After approval of the proposition on which a permit is desired 
and amended if necessary, the party or parties submitting the 
same shall file with the Mayor a penal bond in the sum of ten 
thousand ($10,000) dollars, with two or more good and sufficient 
sureties, approved by the Mayor, conditioned that the conduit 
construction Shall be carried out in accordance with the terms 
of this ordinance, or with the rules and regulations governing 
conduit construction and use, approved by the Legislative Coun- 
cil, that the City of Ment iis shall be held harmless from all 
suits for damages that may arise from the construction of any 
conduit, or that may arise from operations ireraith or that may 
arise in any way as a result of said construction or operation. 
Whereupon a permit shall be issued for the construction of the 


conduits. 


Before any electrical service wires are placed in any con- 
duit so constructed, a permit will be required. Application for 
this permit shall be made by the person, company, corporation 
or organization owning the conduit. All such applications shall 


state: 
The name of the applicant. 


The purpose for which the use of the conduit or conduits is 


desired. 


The number, material and dimensions of conductors proposed 


to be placed in any conduit. 


Bond. 


Permit to 
place wires. 


844 


CITY ORDINANCES. 


CONDUIT ORDINANCE. 


Issuance of 
permit. 


Plans. 


The arrangement of said conductors, whether singly or in 
cables, and if in cables, the number of conductors and their 


disposition in each cable. 


The maximum electro-motive force to be used on Said con- 


ductors. 


The nature of the insulating material or materials to: be em- 
ployed, and such other specific information as will fully ex- 


plain the use to be made of the conduit. 


On approval of the Legislative Council or its duly authorized 
officer a permit shall be issued for the performance of this work, 
conditioned on the conformation to the rules and regulations 
governing the occupation of electrical conduits, approved by 


the Legislative Council, and placed on public file. 


All repairs, alterations or work of any kind required on the 
conduits, the electrical conductors or their appurtenances, shall 
be subject at all times to the rules and regulations concerning 
such work approved by the Legislative Council and pisces on 


public file. 


When it becomes necessary to depart from any plans approved 
by the Legislative Council because of obstructions, it will be 


the duty of any party carrying on work on or in any electrical 


conduit to immediately report the difficulty to the City Engi- 


' neer, and at the same time to submit an alternative plan of con- 


struction calculated to’ overcome the difficulty. No departure 
from standard construction primarily approved by the Council 
shall be allowed until such modifications have had the approval 


in writing of the City Engineer. 


Plans showing all details of conduit construction and the dis- 
position of all electrical conductors and apparatus within or 
connected with the conduits, shall be filed with the City Engi- 


neer promptly on the execution of any work, so that a com- 


CITY ORDINANCES. 


845 


CONDUIT ORDINANCE. 


plete record of all conduits, with their appurtenances and over- 
ground connections, together with the electrical conductors and 
apparatus installed in connection therewith, shall at all times 


be on file with said City Engineer. 


See. 1302. Be it further ordained, That in the construction, pycavations. 


alteration, or repairs of any conduit or its appurtenances, no 
excavation shall be made on any one continuous line for a 
greater length than four blocks at the same time, nor shall any 
excavation be permitted to exist in any public thoroughfare for 
a longer period than is absolutely necessary to properly and ex- 
peditiously perform the work for which a permit is granted. 
All excavations made in pursuance of the right which may be 
granted under this ordinance shall at all times be provided 
with sufficient guards and lights to render the same secure in 
themselves, and free from becoming a source of danger to 


the public. 


All excavations for trenches or manholes shall be back-filled 
and tamped, to the satisfaction of the City Engineer, and all 
repairs shall be done by the city, of materials similar to that 
surrounding the street or pavement, and the company or com- 
panies making such excavations shall pay to the city the cost 
of such repairs at the end of the month during which such 


repairing is done. 


Sec. 1308. Be it further ordained, That all surface improve- 
ments disturbed in connection with the construction, alteration, 
repairs or use of any conduit, sub-distribution pole, or their ap- 
purtenances, carried on under the terms of this ordinance, shall 
be repaired to the satisfaction of the City Engineer in conform- 
ity to the city specifications for paving sidewalks or other im- 
provements-at the expense of the person, company, corporation 
or organization possessing the permit or right required for car- 


rying on such construction, alteration, repairs or use. Such 


Repair 
surface. 


of 


846 


CITY ORDINANCES. 


CONDUIT ORDINANCE. 


Disturbance 
of conduits. 


Manholes. 


Construction. 


Use of man- 


holes. 


party or parties shall, moreover, keep such repaired surface im- 
provements in a condition satisfactory to the City Engineer for a 


period of one year after they have been repaired. 


Should such party or parties fail to promptly fulfill the re- 
quirements of this section of this ordinance, the city may pro- 
ceed with any or all of such work and charge the cost of per- 
forming the same to said party or parties. This proviso shall 
not give immunity from any penalty attached to the violation 


ot the requirements of the ordinance. 


Sec. 13804. Be it further ordained, That if any person, com- 
pany, corporation or organization shall disturb any conduit laid 
in accordance with the requirements of this ordinance, or inter- 
fere with its legitimate use, such party or parties shall pay all 
costs or damages resulting from such disturbance or interfer- 


ence. 


Sec. 13805. Be it further ordained, That the Western Union 
Telegraph Company, the Postal Telegraph Company, the Cum- 
berland Telephone and Telegraph Company, the Memphis ‘Tele- 
phone Company, the Memphis Light and Power Company, and 
the American District Telegraph Company, shall construct all 
the manholes required for putting the wires underground, pro- 
vided in this ordinance, and the cost of constructing and main- 
taining said manholes shall be borne and prorated among said 
companies in proportion to the number of ducts entering said 
manholes. 

All of said manholes shall be constructed of such size and 
character as will enable them to accommodate 50 per cent. more 
ducts than all the companies entering them will at first require. 
Said manholes shall be constructed in accordance with plans 


and specifications approved by the Legislative Council. 


After said manholes have been constructed they shall be under 


the absolute control of the city, or some officer designated by 


CITY ORDINANCES. 


847 


CONDUIT ORDINANCE. 


the city, to be used and occupied by said companies for the 
purpose of connecting their conduits and ducts therewith. The 
cempanies using said manholes shall allow only careful and ex- 
perienced men to enter said manholes; and upon proper evi- 
dence submitted to the Mayor that such men are-careful and 
experienced he shall issue to such employes permits enabling 
them to enter said manholes, said permits to be granted for peri- 


ods not longer than six months at a time. 


Sec. 1306. Be it further ordained, That any company, other Other com- 


than those expressly named herein, desiring to enter and use said 
manholes, shall be permitted to enter the same and use the 
same by first getting a permit from the city, and by paying 
its proper pro rata of the cost of construction and maintenance of 
said manholes, such pro rata to be determined by the Legislative 


Council. 


panies. 


Sec. 1307. Be it further ordained, That no person, company, Transfer of 


corporation or organization owning, occupying or having rights 
in conduits under this ordinance shall sell, lease or sub-lease any 
property or privilege in connection therewith, without first ob- 
taining the consent of the Legislative Council, nor shall any of 
said companies consolidate with any other company or com- 
panies without the consent of the Legislative Council; nor shall 
any conduit or duct be used otherwise than for specific public 


services authorized by the Council. 


It is now expressly ordained and provided that no person, 
firm or corporation shall, by reason of compliance with this 
ordinance, acquire any rights or privileges other or further than 
herein specifically expressed; and nothing herein contained 
shall be construed as extending or changing the terms, length 
of time or any of the conditions of any contract or agreement 
now existing between the City of Memphis and any such person, 


firm or corporation; and the occupation and operation of said 


conduit 
rights. 


848 


CITY ORDINANCES. 


RAILROAD: TRACKS ON RIVER FRONT. 


Statementss | 
filed. 


Fine for 
violation. . - 


Height. 


Plans. 


Time allowed. 


Forfeiture. 


‘ 


conduits and manholes shall be upon the same -terms, lengths ot 
time and conditions as now fixed by law or contract for the 


maintenance and use of overhead poles and -wires. . 


Sec. 1308. Be it further ordained, That the companies con- 
structing and maintaining said manholes shall file. with the City. 
Engineer itemized, full and complete statements of the cost ot 


constructing and maintaining said manholes. 


Sec. 13809. Be it further ordained, That any person, firm or 
corporation who-shall violate any of the requirements of ‘this 
ordinance shall, on ‘conviction thereof in the Police Court of the 
City of Memphis, be fined in any sum not less than twenty-five 
dollars ($25) mopemo rece fifty dollars ($50),-and each day’s. 
violation shall be considered a separate and distinct offense. 


Passed June 20, 1900. 


ARTICLE 82. . 

RAILROAD TRACKS ON RIVER ERONT. ~ 
ORDINANCE NO. -1. | 
Sec. 1310. Be it ordained by the Legislative Council of the 
City of Memphis,.That all’ the railroad tracks now laid on the 
public levee between..Beale street and Adams _ street shall be 
elevated above the surface of the ground, and put upon a super- 


structure constructed of stone-and iron. 


At the street crossings the elevation of said superstructure 


shall be fifteen feet in the clear above the surface of the street. 


Before the elevation of said tracks is commenced, the. com- 
plete plans and specifications shall be submitted to the Legisla- 


tive Council for its approval. 


The elevation of said tracks shall be completed before June 


AS al ION 


The failure to elevate said tracks and to build and complete 


said superstructure in the manner and within the time pre- 


ae CITY ORDINANCES. 


849 


CLARKSDALE, COVINGTON & COLLIERVILLE INTERURBAN COMPANY: 


scribed, shall work an entire forfeiture of all privileges and 
rights to maintain or operate said tracks along or across said 
public levee, and such failure shall render each railroad com- 
pany owning or operating said tracks guilty of a misdemeanor, 
and each company shall. be subject to a fine of not less than’ $10 
nor more than $50, for each and every car: or engine run ‘over 
said tracks after: June 1, 1901, except upon the tracks elevated 


as herein required. 
Passed November ‘8. 1900. 


(Suspended by Legislative Council November, 1901.) 


ARTICLE 83. 
, €LARKSDALE, COVINGTON .& COLLIERVILLE: INTERURBAN COMPANY: 
; : ORDINANCE: NO. -1:; Pa 
AN ORDINANCE granting to the Clarksdale,, Covington -&Col- 
lierville: Interurban Company the right to construct, maintain 


: and operate electric railway: lines-in the City of Memphis. 


“See. 1311," First—Be it ordained by the Legislative: Council 
of the City of Memphis, That the Clarksdale, Covington & ‘Col- 


lierville Interurban Company, hereinafter called the company, a 


corporation chartered under the general laws of the State of: 


ehnessee, is hereby, for the term of thirty ‘years, orantentthe 
right. of way, franchises“and permission to locate and construct, 
establish, maintain and operate an eldetric railway with single 
or double tracks, with all necessary and convenient turn-outs, 
side tracks, switches and connections, poles and aerial equip- 
ment in, over, upon, along and across the routes hereinafter enu- 
merated, or any of them, in the City of Memphis, County of 


Shelby and State of Tennessee. 


Beginning at the intersection of Vollentine avenue and Breed- 
love street; south on Breedlove street to a point east of Muller 


place; west on intervening property and Muller place to Looney 


Misdemeanor. 


Franchise 
thirty years.’ 


ea) 
i ba a) 
Route: 
Breedlove to 
Latham. 


850 


CITY ORDINANCES. 


OLARKSDALE, COVINGTON & COLLIERVILLE INTERURBAN COMPANY. 


Iowa to E. 
Long Place. 


Joint use 
of streets. 


avenue; thence west on Looney avenue to Third street; thence 
south on Third street to Union avenue, and crossing interven- 
ing public and private’ property, streets and alleys, from Union 
avenue to Rayburn boulevard; thence east on Butler avenue 


to South Fourth street; thence south on South Fourth street, 


crossing intervening property and on, over or under Broadway 


to South Third street; thence south on, over or under South 
Third street, and crossing streets, alleys and intervening prop- 
erty to its terminus at McLemore avenue; thence proceeding 
southwardly, crossing McLemore avenue, private property and 
intervening streets, to Latham street at or near its intersec- 


tion with Trigg avenue. 


Also proceeding over said route east on Iowa avenue to 
South Fourth street; thence south on South Fourth street to 
Iowa avenue, as opened and improved under the provisions of 
an ordinance entitled “An ordinance granting certain rights, 
privileges and franchises in the City of Memphis, Tennessee, to 
the Memphis Railroad Terminal Company, for the purpose of 
constructing, operating and maintaining in the corporate limits 
of the said city passenger stations and terminals;’’ thence east 
on lowa avenue as changed and improved in said ordinance, to 
Willoughby street; thence south on Willoughby street to Hast 
Long place; thence west on East Long place and private pro- 


erty to South Third street. 


The change of route above given and granted is made 
subject to the right of the Legislative Council to allow any other 
street car or interurban company to jointly use the streets over . 
which said change of route is given with said Clarksdale, Coving- 
ton & Collierville Interurban Company upon the same basis as 
is provided for the use of Third street from Union avenue to 
Jackson avenue, in an ordinance granting to said company the 


right to construct, maintain and operate electric car lines in 


CITY ORDINANCES. 


851 


CLARKSDALE, COVINGTON & COLLIERVILLE INTERURBAN COMPANY. 


the City of Memphis, Tennessee, passed final reading September 
20, 1907; and subject to all other conditions, provisions and re- 
strictions contained in said ordinance, passed final reading Sep- 


tember 20, 1907.1 


Also proceeding from said route east on Lucy avenue to Lau- ae to 


Trigg 
rigs. 


derdale street, south on Lauderdale street to Trigg avenue. 


Also north from Trigg avenue on South Willett street to Cayce Ss. Willett to 


Speedway in 
avenue; east on Cayce avenue, private property and Carnes ave- ey 
olllerviite 


nue to and crossing the Speedway in the general direction of 


Collierville. 


Provided, however, that all routes, rights, privileges and fran- Subject to the 
rights of the 


chises herein granted by this ordinance to the Clarksdale, Cov- tert 


ington & Collierville Interurban Company within the territory '™™™! ©° 


bounded on the north by the north line of Broadway; on the 
east by Mississippi avenue; on the south by Alston avenue, and 
a projection of Alston street from a point where Cannovan street 
extended would intersect Alston avenue west to Rayburn ave- 
nue; and on the west by Rayburn avenue, are given and granted 
subject and subordinate to the rights, privileges and franchises 
which may hereafter be granted by the Legislative Council of 
the City of Memphis to the Memphis Railroad Terminal Com- 
pany. And all rights, routes, privileges and franchises granted 
by this ordinance in the above described territory shall be sub- 
ject to such changes by the Legislative Council of the City or 
Memphis as it may deem necessary for the proper construction 
and operation of the terminal facilities of said Terminal Com- 
pany, and for the access of the public to such facilities and 
the use thereof; but such terminal ordinance shall be intro- 


duced not later than December 1, 1907. 


1 Paragraphs 3 and 4 passed November 5, 1908. 


852 


CITY ORDINANCES. 


CLARKSDALE, 


' City not liable 
for change of 
routes. 


Tracks not 
to be laid 
until ‘com- 
pany is ready 
to operate. 


To use other 
company’s 
tracks— 
when. 


Conditions. 


Lines in 
repair. 


To maintain 
streets afd 
bridges. 


COVINGTON & COLLIERVILLE INTERURBAN COMPANY. 


And, provided, further that neither the City of Memphis nor 
the Memphis Railroad Terminal Company shall be liable to the 
Ciarksdale, Covington & Collierville Interurban Company for 
any damage by reason of, and on account of, the change of any of 
the routes, rights, privileges and franchises herein granted in 
the above described territory; but the Memphis Railroad Ter- 
minal Company shall pay the costs, if any, of shifting any 
tracks laid by the Clarksdale, Covington & Collierville Inter- 
urban Company, made necessary by the construction of the 
Terminal Company in the above described territory, ee not: 


elsewhere or otherwise. 


And provided, further, that no tracks shall be put down in 
the territory above described until sixty days prior to the time 
the Clarksdale,- Covington & Collierville Interuepan Company 
shall be ready and prepared to operate its line to Lake View, 


Miss. 


Also to operate said railway over any of the lines in the 
City of Memphis of the Memphis Street Railway Company; 


permission of that company having been first obtained. 


CONDITIONS. 


Second. The above permission is given, however, upon the 
following terms and conditions, which fully guard and protect 


the rights of the public: 


(a) That said company shall keep and maintain during the 
entire period of its operation of said lines of railway over said 
streets, its system of electricity in good order and repair, and 


sive the public first-class service. 


(b) That said company shall maintain in good condition and 
repair within its tracks and two feet on each outside thereof, 
all streets and roadways of all bridges occupied by it in said_ 


city with its tracks. 


CITY ORDINANCES. 


853 


CLARKSDALE, COVINGTON & COLLIERVILLE INTERURBAN COMPANY. 


(c) That on all streets occupied by said company, and which 
are now paved, said company will keep the same within its tracks 
and two feet on each outside thereof in good order and repair, 


and will at all times maintain the same in good condition. 


(d) That on all unpaved streets occupied by said company, 
it is to pave between its tracks with either brick, macadam, 
stone, concrete, gravel or other suitable materials as may be 


designated by the Legislative Council. 


(e) Should the city at any future time pave any of the 
streets so occupied by said company which are now unpaved, then 
the city is to pave up to the line within two feet of the outside 
rails of the company’s tracks, and the said company is to con- 
temporaneously pave in like manner, and with like material, 
and thereafter keep and maintain the same between said tracks 


and for two feet on each outside thereof in good condition. 


(f{) Should the city hereafter determine to grade or repave 
a street now or then already paved, said company undertakes 
and obligates itself, if said city shall so direct, to grade or re- 
pave said streets within its tracks, and for two feet on each out- 
side thereof with the same pavement (including the foundation 
and all incidental work thereon) that may be adopted and laid 
by said city on the balance of said roadway—the intent of this 
clause being that said city may from time to time, and at all 
times, whether a street be then paved or not, prescribe the kind 
of pavement to.be laid on any street, and that said street rail- 
road company, if so directed, will, at its own expense, grade or 
lay such pavement between its rails and for two feet on each 
outside thereof, as'may be adopted for and laid on the balance 
ot such streets by said city, so that the pavement over the 
entire street shall at all times be the same. The paving and inci- 


dental work thereof here undertaken to be done by said com- 


Unpaved 
streets. 


Company 
to pave. 


To grade and 
repave streets. 


854 


CITY ORDINANCES. 


CLARKSDALE, 


Joint use of 
Third street. 


Expense 
prorated. 


Type of rail. 


COVINGTON & COLLIERVILLE INTERURBAN COMPANY. 


pany shall be concurrently and uniform with the paving of the 


balance of the street by said city. 


(gz) The grant of the right to occupy Third street from Union 
avenue to Jackson avenue is made subject to the right of the 
Council to allow any other street car or interurban company to 
jointly use Third street with the company, upon either paying 
a reasonable rental to the company for the usé of its tracks, 
poles and wires, or reimbursing the company for a reasonable 
proportion of the expense of construction, as the Legislative 


Council may direct. 


The cost of the maintenance of the tracks shall pe prorated 
on the basis of the number of cars of each company using same. 

Acting under this reservation of power, should the Legislative 
Council grant to the Memphis Street Railway Company the right 
to.construct or operate its lines over Third street before the 
company shall have constructed its lines over Third street, the 
company may occupy and jointly own any of the tracks, poles 
and span wires of the Memphis Street Railway Company now on 
or hereafter located on Third street, by reimbursing the Mem- 
phis Street Railway Company one-half the actual cost of the 
construction of its tracks occupied by the company. But the 
company shall not be required to pay any proportion of any ex- 
pense incurred in paving, or sum charged the Memphis Street 
Railway Company directly or indirectly for the permission or 
franchise of operating its lines on Third street; and the Mem- 
phis Street Railway Company shall be required to put down 


rails of standard interurban type, and at the standard distance 


‘apart for the safe operation of interurban cars on double tracks; 


and shall so locate its trolley wires as to permit the company to 
install separate trolleys conveniently on the poles and span wires 
of the Memphis Street Railway Company. The type of rail to- 
be used shall be such as will accommodate urban and interurban 


cars and sha!l be approved by the Legislative Council. 


CITY ORDINANCES. 


855 


CLARKSDALE, COVINGTON & COLLIERVILLE INTERURBAN COMPANY. 


(h) 


public and private places between Georgia and Walker avenues, 


The grant of the right to occupy the streets, avenues and 


a territory embracing the proposed Terminal Railway Station, 
and three blocks on either side thereof, is made subject to the 
right of the Council to allow any other street car or interurban 
company to jointly use such streets with the company, upon the 
same basis as is hereinabove provided as to Third street from 
Union avenue to Jackson avenue. And as to the remainder of 
the route herein granted, the city reserves the right to permit 
its use, upon the same terms, by any other bona fide interurban 


company. 


(i) 


any portion of its lines in the city, begin paying to the city 2 


The company shall after five years from the building of 


per cent. of its gross’ receipts from all fares collected on cars run- 
ning wholly within the city, calculating each fare at 5 cents and 
5 cents for each trip, on each car entering or departing from the 
city, engaged in suburban or interurban business. Settlement 
shall be made with the city semi-annually on January 1 and 
July 1; and the city shall prescribe the method of making col- 


lections and keeping accounts so as to insure correct settlements. 


Said payments shall not be considered,,in the nature of a tax 


or going in abatement or reduction of any tax levied by the city. 


(j) The Interurban Company shall never discriminate against 
the City of Memphis, its citizens or any citizen thereof in its 


freight and passenger rates or in any way whatsoever. 


The said Interurban Company shall, when called upon to do 
so, switch without charge all cars loaded with freight of ‘all 
classes to and from other railroads, industries, warehouses, per- 
sons, firms and corporations connected with or located on the 
tracks of that company within its switch limits of Memphis, 
which freight comes in or is destined to go out over the lines of 


that company. 


Joint use of 
tracks be- 
tween Geor- 
gia and 
Walker 
avenues. 


To pay city 
two per cent. 
of gross 
receipts. 


Not to dis- 
criminate 
in rates, 


Switch cars 
without 
charge. 


856 ; CITY ORDINANCES. 


CLARKSDALE, COVINGTON &, COLLIERVILLE INTERURBAN .COMPANY. 


ton er -, That said Interurban Company shall receive,. transport and 
2. per car - ‘ae ee pate eg ae og } 


switching. switch all cars loaded with freight of all classes.offered by other 
| TaaroAGs or by industries, warehouses, persons,; firms. and cor- 
porations within its switch limits of Memphis upon the same 

basis of charges, upon equal. and uniform: service, and ‘without 
diecrunmatien Sh shall charge no more therefor. than $2.00 per 


car;, empty cars to be switched free. Ee 5s Soy at iy 


a aaa ee, J 


That said Interurban Company shall deliver ‘to warehouses and 
sheds and to other carriers within the drayage ‘limits of Mem- 
phis all consignments: of cotton which come into Memphis ‘over 


we ee the tracks of that company. 
oy ‘S % pe : 

seed 5 ee That said: Interurban’Company shall never “permit® any other 

Nea etc: transportation company to enter the City of Memphis over its 


tracks, unless such company. so entering shall have. first -made 
with the City of Memphis’ a. valid and binding contract, not: to. 
discriminate against the city, its shippers,. citizens or any= titi. 


zen thereof in the carriage..of freight and passengers, or in/any 


* 


other’ way. whatsoever: th . oe S23 ¢ Pe 


To open. and (k) In constructing “ from Breedlove street - ‘to “Looney ‘ave: 
pave, street. ‘ 

To diners nue the company is ‘réquired to open up a Strest ‘as wide as Loo- 
Looney, . : ; ; 

wena: ney avenue and pave. ‘the ‘same: from Pierce street’ to Breedlove 


To bridge. street; to curb, gutter*and gravel. Looney avenue from Manassas 
Bayous Gayoso. 


to Breedlove, and to build a concrete brass over Bayou Gayoso 


t oY et ae 
5 ait ‘ ae A ae 


t 
at Third street. ; ee 
Oe: ae We r,s PASS Ss eS a Bae ; re | bs 
To improve a In piv ee the line on South: Third siren from 


Third — street. 
‘a ' Iowa avenue to Gaston avenue, the compaiiy: shall curb; gutter 
gs ee 


and gravel said street between said avenues. 


* 


ee improve pecig constructing the line on South Lauderdale street. enone 
uauderdate 
street. 


Pee 


TAuuerdale street from McLemore to Trigg avenues. The ane 
ity of material and contractor to do the work provided for in this 


paragraph to be designated by the city. 


- CITY ORDINANCES. 


857 


CLARKSDALE, COVINGTON & COLLIERVILLE INTERURBAN COMPANY: 


CONSTRUCTION. 


Third. In the construction of railroad, the said company shall Kind of rail. 


put down a rail similar to that now used by standard interurban 
railroads, or such.as may. be approved by the Legislative Council, 
and said rails’ shall.be of such description and shall at all times 
be so laid and maintained as will, as far as practicable, leave the 
streets as free of obstruction as, before its use by the said com- 


pany. . 


- The gauge of the tracks.shall conform to the Standard of in- 
terurban electric railways and shall be placed as near the -cen- 


ter of the street as possible and at the standard distance apart. 


CITY MAY DO THE WORK AT THE COMPANY’S EXPENSE. 

Fourth. Should said company fail to do the work on the 
streets herein contemplated and provided between their tracks, 
and for two feet on each outside thereof, and maintain the same 
as herein provided, the city,. after giving said company twenty 
days’ notice in writing of such failure, may have the same done 
under the direction and supervision of the Engineer of said 
city, at the sole expense of said company, and the actual sums 
paid-out by said city through its Engineer shall be conclusive 
upon said company as to the amount due said city from said 
company for the work done, and there shall be a first lien upon 


all. the properties of said company as security therefor. 


FARE. 


The said company shall not charge any passenger exceeding 
five cents for a single fare from one point to another within the 
city limits. for one continuous trip on the same car; provided, 
that no fare shall be ehareel for children under five years of age, 
when accompanied by parents or other persons in charge of 
them; and if after the passage of this ordinance it appears to 


the Legislative Council that Memphis is entitled to a cheaper 


Gauge of 
tracks. 


City may 


do 


work at the 


company’s 
expense. 


Fare, 


cy 


858 


CITY ORDINANCES. 


CLARKSDALE, COVINGTON & COLLIERVILLE INTERURBAN COMPANY. 


City officials 
earried free. 


~, 


Transfers. 


fare, then by resolution or ordinance the said Council may at 


any time require said company to sell six tickets for 25 cents. 


Whenever a cheaper fare shall become legally binding on the 
Memphis Street Railway Company, the Legislative Council re- 
serves the right to require such cheaper fare to be put in force 


by the company within the city. 


That persons under the age of eighteen years who attend any 
public school in said city shall be required to pay but half fare, 
provided, that said pupils shall purchase their tickets in quan-* 
tities of at least twenty-five cents worth at a time; such tickets 
to be available only between the hours of 8 o’clock a. m. and 6 
p.m. in actual passage to and from school: and that said grantee 
and his or its successors and assigns shall sell such tickets when- 
ever requested so to do by a pupil who shall present a certificate 
from a teacher approved by the principal of such school, that he 


or she is a pupil of said school. 


And provided, further, that said grantee and his or its suc- 
cessors and assigns shall at all times carry all regular and spe- 
cial policemen, police officers, firemen, while on.duty, the Mayor 
and members of the City Council, and of the Board of Public 
Works, Police and Fire Commissioners, Water Commissioners, 
Park Commissioners, members of the Board of Health, the mem- 
bers of the Board of Education, City Superintendent of Schools 
free over said road and over any other road or roads within said 
city which said grantee or his or its successors or assigns does 
now or may hereafter own, control or operate, subject at all 
times to such reasonable regulations as said grantee and his or 


its successors or assigns may prescribe. 


Upon request of any passenger, the conductor of the car on 
which he pays his fare shall furnish a transfer which shall 
entitle the passenger to a ride on a car of this company to which 


he is transferred to any point on the latter line in the City of 


CITY ORDINANCES. 


859 


CLARKSDALE, COVINGTON & COLLIERVILLE INTERURBAN COMPANY. 


Memphis. Provided, however, that such railway company may 
make and enforce such rules and regulations in regard to trans- 
fers as to require their use at the junctions and intersections of 
different lines on which said transfers are to be used and not 
elsewhere, and to limit the time within which they are to be 
used, so that they will be available only on the first connecting 
car, and as to any other matters necessary to protect said com- 
pany from abuse by reason of such transfers. The company is 
required to exchange transfers in the city limits with the Mem- 
phis Street Railway Company or any other street or interurban 
railway company, provided that company shall agree or be here- 


after required to accept transfers from the company. 


Should the company be hereafter granted the right to con- 
struct other lines in the city, it is required to grant transfers 


to such other lines. 


CARRYING FREIGHT. 
Sixth. The company may carry freight in its cars, but not 


so as to interfere with its passenger service or the ordinary use 


of the streets by vehicles. 


It shall not receive and discharge freight in the streets from 
its cars, but all freight must be handled from a depot or freight 
house. It shall not park its cars or leave them standing on any 


of the streets of the city. 
It shall not haul more than two trailers to any motor. 


No freight train or freight cars shall be operated on Third 
street between Jackson and Gayoso streets, nor shall cotton, 
cotton seed or cotton products be handled north of Calhoun ave- 
nue. 

Cars for the transportation of express or freight as herein 
sranted shall be built after the style and pattern of passenger 
coaches, and shall resemble same as much as possible, and pre- 


sent a neat and attractive appearance. 


Freight. 


860 


CITY ORDINANCES. 


CLARKSDALE, COVINGTON & COLLIERVILLE INTERURBAN COMPANY. 


Power. 


POWER. 

Seventh. Said railway and the cars to be used on said tracks 
may be operated by a system of electric power, either overhead, 
underground, primary or storage battery system, or by any new 
and approved method of motive power which has been or here- 
after may be discovered, except steam or animal power, and to 
change from any of said systems, subject to all the conditions, 
obligations and provisions of this ordinance and the supervision 


and control of said Legislative Council. 


ie electric power shall be used by means of overhead wires, 
the said company is hereby authorized to erect and maintain a 
full electrical equipment, with all necessary poles, arms, feed, 
trolley and other wires necessary for a complete electrical over- 
head equipment, for the propelling of cars, under the supervision 
of the Legislative Council. And permission is hereby given to 
connect said wires and electrical conductors with any power 
house conveying the electrical or other power from and to the 


lines of said railway. 


EXTENSION OF CITY LIMITS. 

Eighth. All the terms and provisions of this ordinance shall 
apply and be in force within the limits of said city as they are 
or as they may be hereafter established, and shall inure to the 
benefit of the company as to any extensions of the routes herein 


named in any annexed territory. 


WORK. TO BEGIN WITHIN ONE YEAR. 

Ninth. Should the company not begin the construction of 
the south route in the direction of Clarksdale within one year 
from the date of this ordinance the Legislative Council reserves 


the right to revoke this franchise. 


However, should the Company be delayed in the work of con- 
struction or its occupancy of any part of any route, by injunc- 


tion or other legal process, or by other unavoidable cause, the 


CITY ORDINANCES. 


861 


CLARKSDALE, COVINGTON & COLLIERVILLE INTERURBAN COMPANY. 


period of such necessary delay is to be excepted out of this limit 


of time. | 


The company shall not have the right to begin constructing in 
the city limits north of Broadway until it shall have completed 
its line from Lake View to Memphis. It may then proceed to 


construct or occupy Third street as far north as Jackson avenue. 


When it shall have constructed as much as fifteen miles in 
‘the general direction of Collierville, it may occupy the east and 
west route; and when it shall have constructed as much as 
fifteen miles on its Covington route it may occupy the remaining 


routes. 


If the company shall not have completed and in operation as 
much as 100 miles of interurban tracks by May 1, 1911, the Legis- 
lative Council shall have the right to revoke this franchise as to 


all streets not then occupied by the company. 


ASSIGNABLE TO LAKE VIEW TRACTION COMPANY. 

Tenth. The rights herein granted to the Clarksdale, Coving- 
ton & Collierville Interurban Company may be assigned to the 
Lake View Traction Company, of Maine, but neither directly nor 
indirectly to any other person or corporation and particularly not 
to the Memphis Street Railway Company, except with the con- 


sent of the city. 


ACCEPTANCE. 

Eleventh. As a condition precedent to the enjoyment of any 
of the rights and privileges herein granted the said company, 
the said company shall, within twenty days from this date, file 
with the City Register a written stipulation consenting to this 
ordinance, and binding itself to comply with all the terms and 
conditions of same; said stipulation to be authorized by a duly 


constituted meeting of the stockholders of the company. 


Passed final reading Friday, September 20, 1907. 


To construct 
north of 
Broadway 
—when. 


To construct 
other ~ routes 
—when. 


Right to 
revoke fran- 
chise—when. 


862 : CITY ORDINANCES. 


CLARKSDALE, COVINGTON & COLLIERVILLE INTERURBAN COMPANY. 


ACCEPTANCE OF ORDINANCE BY CLARKSDALE, COVINGTON & COLLIER- 
VILLE INTERURBAN COMPANY. 

Copy of the proceedings had and taken by the stockholders 

of the Clarksdale, Covington & Collierville Interurban Company 


at a meeting held on September 23, 1907. 


Mr. Percy stated that the object of the meeting was to ac- 
cept the franchise granted by the City of Memphis to the com- 
pany in the manner provided by the ordinance passed on Sep- 


tember 20, 1907. 
Thereupon Mr. Percy offered the following resolution: 


Whereas, this company heretofore made application to the 
Legislative Council of the City of Memphis for a franchise grant- 
ing to this company the right to, construct, maintain and ope- 
rate electric railway lines in the City of Memphis upon the 
routes and streets therein named and embraced in the charter 


of the company; and, 


Whereas, the Legislative Council of the City of Memphis, on 
September 20, 1907, passed on final reading the following ordi- 


nance: 
(Here ordinance is set out in full.) 


Whereas, this company is desirous to accept said ordinance as 


provided therein. 


Now, therefore, be: it resolved, That at this duly constituted 
meeting of the stockholders of the company, the company con- 
sents to the said ordinance and binds itself to comply with all 
the terms and conditions of the same, and directs its President 
and Secretary to file with the City Register a written stipulation 
completely binding this company to do and perform all the 


things required of it by Section 11 of said ordinance. 


Resolved, further, That a certified copy of this resolution, 
signed by the President and Secretary, and certified under the 


seal of the company, be filed with the City Register. 


CITY ORDINANCES. 


863 


CLARKSDALE, COVINGTON & COLLIERVILLE INTERURBAN COMPANY. 


The adoption of said resolution was seconded by H. D. Minor 


and the same was unanimously adopted. 


We, Robert F. Tate, President, and W. E. Willett, Secretary of 
the Clarksdale, Covington & Collierville Interurban Company, do 
eertify that the foregoing is a true and correct copy of the pro- 
ceedings had and taken at a duly constituted meeting of the 
stockholders of the said company, held in the City of Memphis, 
on the 23d day of September, 1907. That at said meeting all of 
the stockholders were present in person or by proxy, and said 


resolution was unanimously adopted. 


In pursuance of authority vested in us, we hereby file this stip- 
ulation on behalf of the Clarksdale, Covington & Collierville In- 
terurban Company, accepting said franchise and binding said 
company with all the terms and conditions of same. 

This September 25, 1907. | 

(Signed) R. F. TATE, President. 

TenatOFlG., C..C. J. co. | W. E. WILLETT, Secretary. 


For the purpose of confirming and assenting to the action of 
the stockholders taken at the meeting of September 23, 1907, the 
undersigned, being all the stockholders in the Clarksdale, Covy- 
ington & Collierville Interurban Company, have hereunto signed 
their’ names. 


(Signed) R. F. TATE. 


W. A. PERCY. M. J. ROACH. 

fare OF ART G. M. AGHE. 

F. M. NORFLERT. I. D. BLOCK. 

D. S. WEAVER. A. WALSH. 

Cc. F. FARNSWORTH. ED MANIGAN. 

W. C. KNIGHT. EH aDe MINOR. 

W. A. GAGE. W. E. WILLETT. 

hy Be. NEBHUT. WALTER GOODMAN. 


J. S. ROBINSON. 


864 


CITY ORDINANCES. 


NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY. 


Spur track 
on Michigan 
avenue, 


Grant sub- 
ject to con- 
ditions of 
prior contract. 


Subway at 
Central ave- 
nue and 
Cooper avenue. 


ARTICLE 84. 
NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY. 

Sec. 13812. Be it. ordained by. the Legislative Council of the 
City of Memphis, That there is hereby granted to the Nashville, 
Chattanooga and St. Louis Railway Company the right to lay 
down and operate on the west side of Michigan avenue, from 
their most westerly track on said avenue, to Carolina street, a 
spur track so as to supply shipping facilities to the business 
establishments that may now or hereafter be located on the west 


side of Michigan avenue. 


Sec. 1313. The permission herein granted is subject to the 
conditions and stipulations of the contract between the City of 
Memphis and said railway company, of date November 10, 1902, 
set out in paragraphs 2, 3, 4 and 5, and accompanying forfeiture 


clause set out on page 2 of said contract. 


Sec. 1314. The track to be constructed under the supervision 


of the City Engineer and to his satisfaction. 


Sec. 1315. This grant is subject to the will and pleasure of 


the Legislative Council of the City of Memphis.* 


ORDINANCE NO. 2. 

Sec. 1316. Be it ordained by the Legislative Council of the 
City of Memphis, That the Nashville, Chattanooga & St. Louis 
Railway be, and it is hereby, granted the right to lower the grade 
of Central avenue at the present center of the right of way of 
said Nashville, Chattanooga & St. Louis Railway, about five feet, 
ae alter the grade about two hundred feet on each side of said 
center of the right of way, so as to make the approach gradual 
and to construct over Central avenue a steel bridge with con- 
crete abutments at each street line and steel bents at the curb 


lines, eight feet from the face of the abutment, and ‘so as to 


1 Ordinance No. 1 passed May 22, 1906. 


CITY ORDINANCES. 


865 


NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY. 


provide a clearance at Central avenue of fourteen feet, and to 
lower the grade of Central avenue for a distance of about one 
hundred and twenty-five feet west of Cooper avenue, in order to 
depress or lower the grade of Cooper avenue and the Memphis 
Street Railway Company’s right of way, to secure proper clear- 


ance for a steel bridge to be constructed over Cooper avenue. 


Sec. 1317. The Nashville, Chattanooga & St. Louis Railway 
shall have the right to maintain double main tracks over said 


bridges. 


Sec. 13818. Provided, however, that the said company shall still 
have the right to retain its present sidetrack across Central ave- 
nue at the surface grade, but said surface crossing may be low- 
ered to conform to the new grade of the avenue and moved out 
beyond the slope of the fill. The right to retain this crossing 
is subject to the will and pleasure of the Legislative Council of 


the City of Memphis. 


Sec. 1319. The lowering of the grades and the construction 


of the bridges above referred to, and all work incident thereto, 


and the maintenance of the same, shall be done by the Nashville, 


Chattanooga & St. Louis Railway at its own expense and under 


the direction and supervision of the City Engineer. 


Sec. 1320. The Nashville, Chattanooga & St. Louis Railway 
Company binds itself to hold the city harmless against all lia- 


bilities for damages to abutting property owners. 


Sec. 1321. The Nashville, Chattanooga & St. Louis Railway 
Company shall construct and maintain across the present side- 
track a gate on the south side of Central avenue, and the said 
gate shall be kept closed and locked, except that it may be 
cpened for the passage of cars to and from the Crescent Cotton 
Oil mills, and, when so open, a flagman shall warn vehicles and 


pedestrians of the approach of trains. 


Double tracks. 


Retain side 
track. 


Railroad’s 
expense. 


To maintain 
gate on 
side track. 


866 


CITY ORDINANCES. 


NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY. 


Preamble. 


Sec. 1322. The rights and privileges herein granted to said 
railway company are subject to the conditions and stipulations 
of a certain contract between the City of Memphis and said rail- 
way company, of date November 10, 1902, as set out in para- 
graphs 2, 3, 4 and 5 thereof, and subject to the forfeiture clause 
therein set out on page 2 of said contract. The Nashville, Chat- 
tanooga & St. Louis Railway Company shall accept the provisions 
and conditions of this ordinance in writing within ten days from 
the passage thereof, and file the same with the City Register, 
and, in the event that said railway company should fail to indi- 
cate its acceptance of this ordinance in writing within the ten 


days, the same shall be void and of no effect.* 


ORDINANCE NO. 3.—TO CLOSE ALLEY, ETC. 

Whereas, the ground on both sides of the alley running east » 
and west between Calhoun and Clay streets, in the City of Mem- 
phis, Tennessee, between the first north and south alley east of 
Main street and a point 230 feet east of said north and south 
alley, is owned by the Benedict, Warren & Davidson Company 
and the Nashville, Chattanooga & St. Louis Railway, as lessee 
under a long lease from the Louisville & Nashville Railroad 


Company; and, 


Whereas, the said east and west alley is not open to Lea street, 
which is the first north and south street east of Main street; 


and, 


Whereas, it cannot be opened to said: street without great out- 
lay by the city, especially on account of an arm of the bayou 
which extends lengthwise along a portion of said alley, and being 
about ten to fifteen feet lower than the surface of said alley, 
and also on account of a large brick culvert under Lea street at 
a point where the said alley, if extended, would intersect Lea 


street; and, 


1 Ordinance No. 2 passed July 5, 1905. 


CITY ORDINANCES. 


867 


NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY. 


Whereas, from the formation of said culvert it was likely the 
intention of the city that the said alley should never be opened 


to Lea street; and, 


Whereas, the said Benedict, Warren & Davidson Company now 
own and operate a large warehouse immediately south of and 
adjacent to the said east and west alley, commencing at a point 


about 171 feet east of the said north and south alley; and, 


Whereas, said company desires to construct a large warehouse 
on the north of said alley extending from said alley to Calhoun 
street, so as to be connected with their present warehouse, which 
is south of the alley, if the said new building can be furnished 


railroad tracks and facilities, etc.; and, 


Whereas, the Nashville, Chattanooga & St. Louis Railway de- 
sires to be in position to construct and operate tracks on and 
over said east and west alley, so as to utilize the ground between 
' said alley and Calhoun street, and also to reach the building to 
be erected by the said Benedict, Warren & Davidson Company 


with track or tracks on or across said alley; and, 


Whereas, the said Benedict, Warren & Davidson Company ana 
the said Nashville, Chattanooga & St. Louis Railway have, with 
the consent of the Louisville & Nashvlle Railroad Company, peti- 
tioned the City Council to close and abandon the said portion 
of the said east and west alley between said points above given 


and on both sides of which they own the ground; and, 


Whereas, they offer to furnish ground for an alley twelve feet 
wide, extending from Calhoun street south to the said east and 
west alley in question, two hundred and twenty feet east from 
the said north and south alley, which is the first alley east of 


Main street; and, 


Whereas, the said ground to be so furnished will make an 


alley furnishing the property owners along said east and west 


868 


CITY ORDINANCES. 


NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY. 


Alley closed. 


Exchange of 
strip of 
ground. 


alley with as good, if not better, alley ingress and egress than is 


now enjoyed, and which new alley can be kept up by the city at 


‘much less expense than the portion of the alley which it is 


desired to close; and, 


Whereas, it seems manifestly to the interest of the city to 
abandon the said part of the said east and west alley and to 
exchange it with the said Benedict, Warren & Davidson Com- 
pany and the Nashville, Chattanooga & St. Louis Railway for 
the ground for an alley from said east and west alley to Cal- 


houn street; 
Now, therefore, be it ordained as follows: 


Sec. 1823. Be it ordained by the Legislative Council of the 
City of Memphis, it being for city purposes and manifestly to 
the interest of the city, That that portion of the alley running 
east and west between Calhoun and Clay streets, in the City of 
Memphis, Tennessee, which is between the east line of the first 
north and south alley east of Main street and a point 220 feet 
east of the said east line of the said north and south alley, be 
and the same is hereby abandoned for alley purposes and 


closed. 


Sec. 1324. The said closed and abandoned alley, it being that 
portion of the alley running east and west between Calhoun and 
Clay streets which is between the east line of the first north 
and south alley east of Main street and a point 220 feet east 
of the said east line of said north and south alley be, and the 
same is hereby sold to and exchanged with the said Benedict, 
Warren & Davidson Company, its successors and assigns, and 
the Nashville, Chattanooga & St. Louis Railway, for a strip 
of ground twelve feet wide, said strip to be used for alley pur- 
poses, and extending south from Calhoun street to the east and 
west alley first south of Calhoun street, the said strip being about 


5390 feet east of Main street. The portion of said abandoned 


CITY ORDINANCES. 


869 


NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY. 


and closed alley which is north of the ground of the Benedict, 
Warren & Davidson Company is to go to the Benedict, Warren 
& Davidson Company, its successors and assigns, and the re- 
maining closed portion of said alley is to go to the Nashville, 
Chattanooga & St. Louis Railway, as lessee. And the city 
will make, execute and furnish to the Benedict, Warren & 
Davidson Company, its successors and assigns, and the Nash- 
ville, Chattanooga & St. Louis Railway, a deed to their respec- 
tive portions of the alley closed and abandoned by this ordinance; 
in exchange for which and in consideration therefor, the Benedict, 
Warren & Davidson Company, and the Nashville, Chattanooga 
& St. Louis Railway, will make, execute and deliver to the 
city a deed to the strip of ground twelve feet wide, which strip 


is to be used for alley purposes and hereinabove referred to. 


Sec. 1325. This ordinance shall be accepted in writing by 
the Benedict, Warren & Davidson Company and the Nashville, 
Chattanooga & St. Louis Railway within thirty (30) days after 
its passage and approval, and upon such acceptance this ordi- 
nance shall constitute a contract between the City of Memphis 
and the Benedict, Warren & Davidson Company and the Nash- 


ville, Chattanooga & St. Louis Railway.t 


ACCEPTANCE. 
Memphis, Tenn., August 4th, 1906. 

The undersigned, Nashville, Chattanooga & St. Louis Railway, 
hereby accepts the provisions and conditions of a certain ordi- 
nance entitled: 

“An ordinance to close and abandon, for alley purposes, that 
portion of the east and west alley between Calhoun and Clay 
streets in Memphis, Tennessee, lying between the east line 
of the first north and south alley east of Main street and a 


point 220 feet east of the said east line of the said north and 


1 Ordinance No. 3 passed July 13, 1906. 


870 


CITY ORDINANCES. 


NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY. 


To operate 
tracks on 
alley be- 
tween Cal- 
houn and 


Clay streets. 


south alley, and to sell and exchange, the closed and abandoned 
portion of said alley with the Benedict, Warren and Davidson 
Company and the Nashville, Chattanooga & St. Louis Railway, 
for a strip of ground twelve feet wide, said strip to be used 
for alley purposes, and extending from Calhoun street south to 
the east and west alley at a point about 220 feet east of the 
said north and south alley,’ which was passed on its final read- 
ing by the Legislative Council of the City of Memphis, on July 
13th, 1906. 

NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY. 

By G. T. FITZHUGH, Attorney. 


ORDINANCE NO. 4. 

Sec. 1826. Be it ordained by the Legislative Council of the 
City of Memphis, That the Nashville, Chattanooga & St. Louis 
Railway be and is hereby granted permission and right to con- 
struct, operate and maintain tracks on, over and across that 
portion of the east and west alley between Calhoun and Clay 
streets, in Memphis, Tennessee, lying between the east line of 
the first north and south alley east of Main street, and a point 170 


feet east of the said east line of said- north and south alley. 


Sec. 1327. This ordinance shall be accepted in writing by 
the Nashville, Chattanooga and St. Louis Railway within thirty 
days after its passage and approval, and upon such acceptance ~ 
this ordinance shall constitute a contract between the City of 


Memphis and the Nashville, Chattanooga & St. Louis Railway.* 


ACCEPTANCE. 
Memphis, Tenn., August 4th, 1906.. 

The undersigned, Nashville, Chattanooga & St. Louis Railway, 

hereby accepts the provisions and conditions of a certain ordi- 


nance entitled: 


4 


1 Ordinance No. 4 passed July 18, 1906. 


CITY ORDINANCES. 


871 


NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY. 


“An ordinance granting the Nashville, Chattanooga & St. Louis 
Railway permission to construct, operate and maintain tracks 
on and over that portion of the alley running east and west be- 
tween Calhoun and Clay streets in the City of Memphis, Tennes- 
see, lying between the east line of the first north and south 
alley east of Main street and a point 170 feet east of the said 


” 


east line of said north and south alley,’ which was passed on its 
final reading by the Legislative Council of the City of Memphis, 
on July 138th, 1906. 

NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY, 


By G. T. FITZHUGH, Attorney. 


ORDINANCE NO. 5. 


Sec. 1328. Be it ordained by the Legislative Council of the 
City of Memphis, That the right is hereby granted to the Nash- 
ville, Chattanooga & St. Louis Railway to construct and operate 
an additional spur track leading from its present main and 
switch tracks on Michigan avenue at points north of Carolina 
street across Carolina street, said additional spur track being 
indicated in red on the blue print attached as Exhibit B to the 
petition of the Nashville, Chattanooga & St. Louis Railway 
and the Memphis Bag Company, filed Oct. 4, 1906, and made a 
part of this ordinance. Said Nashville, Chattanooga & St. 
Louis Railway is authorized and empowered to construct and 
operate said track as indicated on said blue print and may begin 


the construction thereof at once. 


Sec. 1329. Provided, however, that said track shall be con- 
structed under the a ETA Me of the City Engineer and to 


his entire satisfaction. 


Sec. 1330. It is further provided that the present drain at 
Carolina street, where the tracks will be located, be improved 


to the extent of replacing the drain with brick sidewalks and 


Michigan 
avenue, ete. 


Spur track to 
Memphis Bag 
Co.’s_ plant. 


Construction, 


Drain on 
Carolina 
street. 


872 


CITY ORDINANCES. 


: BENEDICT, WARREN & DAVIDSON COMPANY. 


Crossing to 
be concreted. 


Grant, sub- 
ject to will 
of Council. 


bottom and iron cover similar to the one now in use for street 


purposes. 


Sec. 13831. Provided further, that the entire crossing to Caro- 
lina street shall be concreted for a depth of twelve inches, the 
top of concrete to be the top of the railroad track and on this 
surface four inches of oak planking shall be used, thus making 
a solid plank crossing from a point two feet west of the west 


track to a point two feet east of the east track of said company. 


Sec. 1332. Provided further, that this grant be made subject 
to the will and pleasure of the Legislative Council of the City of 
Memphis.* 

BENEDICT, WARREN & DAVIDSON CO. 
| ORDINANCE NO. 6. 

Sec. 1833. Be it ordained by the Legislatiwe Council o; tie 
City of Memphis, That the Benedict, Warren & Davidson Com- 
pany, its successors and assigns, be and is hereby granted the 
permission and right to build, construct, maintain, operate and 
use a warehouse on and over that portion of the alley running 
east and west between Calhoun and Clay streets in the City of 
Memphis, Tennessee, from a point 170 feet east of the east line 
of the first north and south alley, east of Main street, to a point 


50 feet east of said first above designated point. 


Sec. 13834. This ordinance shall be accepted in writing by 
the Benedict, Warren & Davidson Company within thirty (30) 
days after its passage and approval, and upon such acceptance 
this ordinance shall constitute a contract between the City of 


Memphis and the Benedict, Warren & Davidson Company.* 


Notre.—Acceptance of the Benedict, Warren & Davidson Co. to 
ordinances passed July 13, 1906, were filed on Aug. 10, 1906. 
(See Minute Book A, Upper Board, page 264.) 


1 Ordinance No. 5 passed December 20, 1906. 
2 Ordinance No: 6 passed July 18, 1906. 


CITY ORDINANCES. 


873 


N. C. & ST. L. RY.—LOUISVILLE & NASHVILLE RAILROAD CO. 


Sec. 1334a. Sub-Section 1. Be it ordained by the Legislative 
Council of the City of Memphis, That the Nashville, Chattanooga 
& St. Louis Railway is hereby granted the right, during the will 
and pleasure of the Legislative Council, to lay a track across 
Main street, extending from a point connecting with its track on 
Broadway, fifteen (15) feet north of the Southern Railway track, 
and paralleling said track in a nineteen (19) degree curve, to 
the union station grounds. The center of said track to be 


fifteen (15) feet from the center of the Southern Railway track. 


Sub-Sec. 2. Be it further ordained, That the said Nashville, 
Chattanooga & St. Louis Railway Company shall, within thirty 
(30) days from receipt of notice from the Legislative Council 
to remove said track, remove the same from across said Main 
street. The right herein granted is a mere permit, which may 
be revoked by the City of Memphis at any time. But it is 
further understood that the grant under this ordinance is in 
no manner whatever to affect the rights of the City of Memphis 
in and to its twelve and one-half (1214) foot strip on the north 
side of Broadway (now Railroad avenue) street, other than 


the right or permission to cross same as above set forth. 


Sub-Sec. 3. Be it further ordained, That the Nashville, Chat- 
tanooga & St. Louis Railway Company shall construct and main- 
tain in first-class condition crossings of the tracks of the Mem- 


phis Street Railway Company.! 


ARTICLE 85. 
LOUISVILLE & NASHVILLE RAILROAD CO. 
ORDINANCE NO. 1. 
Sec. 1335. Be it ordained by the Legislative Council of the 
City of Memphis, That the Louisville & Nashville Railroad Com- 


pany be, and the same is hereby granted the permission and 


1 Section 1334a and Sub-Sections 1, 2 and 3 passed May 11, 1909. 


874 


CITY ORDINANCES. 


LOUISVILLE & NASHVILLE RAILROAD COMPANY. 


Spur track 
into Lawo 
Coal Co.’s 
yards. 


right to construct and operate a spur, or switch track, in the 


City of Memphis over and along the following route: 


Beginning at a point on a railroad track located on the north- 
ern part of Broadway street, the said railroad track being leased 
by the Nashville, Chattanooga & St. Louis Railway, and said 
beginning point being about 110 feet east of the east line of 
Wright’s alley, if the same was extended south and diverting 
northwardly from said track and running thence in a northwest- 
erly direction on and along Broadway to and on the land of the 
Lawo Coal Company, situated at the northwest intersection of 
Broadway street and Wright’s alley; the said track to enter on° 
said land of the Lawo Coal Company at or near its southeastern 
corner and extend thence in a northwesterly direction to the 


west line of the Lawo Coal Company’s land. 


Sec. 1336. The location and length of the spur, or switch track, 
shall be determined by and constructed under the supervision of 


the City Engineer and to his satisfaction. 


Sec. 1337. The vacant right of way of twelve and one-half feet, 
which belongs to the city, running along the north line of Broad- 
way street, shall be kept open and no part of the same shall be 
enclosed. But where said city right of way is crossed by said 
spur or switch track, it shall be covered with ‘heavy oak plank 
and said crossings shall be maintained by the Louisville & Nash-- 
ville Railroad Company so as to afford a safe passage for vehicles 


and passengers. 


Sec. 1338. The right to lay and maintain this spur or switch 
track is subject to and during the will and pleasure of the Legis- 


lative Council.* 


1 Ordinance No. 1 passed July 138, 1906. 


CITY ORDINANCES. 


875 


LOUISVILLE & NASHVILLE RAILROAD COMPANY. 


ORDINANCE NO. 2. 

An ordinance granting to the Louisville & Nashville Railroad 
Company the permission and right to construct, use, maintain 
and operate a railroad track in the City of Memphis over and 
along the route set out below, and providing that upon acceptance 
this ordinance shall become a contract between the City of 
Memphis and the said Louisville & Nashville Railroad Company, 


said track and route being as follows, to-wit: 


A track; the center of which would intersect the north line of 
Concord street, if extended, at a point about seven hundred and 
fifty-five (755) feet east of the east line of Third street; said 
track running thence in a southeasterly direction diagonally 
across Concord street, if extended, in such direction that the 
center of said track would intersect the south line of said Con- 
cord street, if extended, at a point about eight hundred and 
twelve (812) feet east of the east line of Third street. Said 
track thus described being part of a switch, or spur track, begin- 
ning at a point on the main line of said Louisville & Nashville 
railroad about three hundred and ninety-four (394) feet east 
of the east line of Third street and thence diverging from said 
main line in a southeasterly direction on a curve of about 
fifteen (15) degrees to a point about three hundred and forty- 
five (345) feet from the point of beginning; thence tangently 
in a southeasterly direction crossing Concord street, if extended, 
act the point and in the manner above mentioned and extending 
about three hundred (300) feet into lot 3 of the Perrin & Wicker- 
sham subdivision of country lot No. 529. All of which more 
fully and definitely appears from blue prints attached to this 
ordinance and made a part hereof as Exhibit “A,” upon which 
blue print the point of intersection of the center of said track 
with the north and south line, respectively, of Concord street, 


if extended, as shown by the letters ‘“‘D” and “B.” 


Preamble. 


876 


CITY ORDINANCES. 


LOUISVILLE & NASHVILLE RAILROAD COMPANY. 


Along and 
across Con- 
cord street 
and into 

Perrin and 
Wickersham 
subdivision 
of lot 529. 


Limitation. 


sec. 1839. Be it ordained by the Legislative Council of the 
City of Memphis, That the Louisville & Nashville Railroad Com- 
pany be and is hereby granted the permission and right to con- 
struct, use, maintain and operate a railroad track in the City 
of Memphis, over and along the following route, to-wit: A track, 
the center of which would intersect the north line of Concord 
street, if extended, at a point about seven hundred and fifty-five 
(755) feet east of the east line of Third street; said track run- 
ning thence in a southeasterly direction diagonally across Con- 
cord street, if extended, in such direction that the center of 
said track would intersect the south line of said Concord street, 
if extended, at a point about eight hundred and twelve (812) 
feet east of the east line of Third street. Said track thus de- 
scribed being a part of a switch or spur track beginning at a 
point on the main line of said Louisville & Nashville Railroad 
about three hundred and ninety-four (394) feet east of the 
east line of Third street, and thence diverging from said main 
line in a southeasterly direction on a curve of about fifteen (15) 
degrees to a point about three hundred and forty-five (345) 
feet from the point of beginning; thence tangently in a southeast- 
erly direction crossing Concord street, if extended, at the points 
and in the manner above mentioned, and extending about three 
hundred (300) feet into lot No. 3 of the Perrin & Wickersham 
sub-division of country lot No. 529. All of which more fully 
and definitely appears. from blue prints attached to this ordi- 
nance and made a part thereof as exhibit “A,” upon which 
blue print the points of intersection of the center of said track 
with the north and south lines, respectively, of Concord street, 
if extended, as shown by the letters “D” and “B”; provided, how- 
ever, the right and privileges are hereby granted subject to the 
will and pleasure of the Legislative Council of the City of 


Memphis. 


CITY ORDINANCES. 877 


IRON MOUNTAIN RAILROAD. 


Sec. 1340. This ordinance shall be accepted in writing by the Stipulation. 
Louisville & Nashville Railroad Company within ten days after 
its passage and approval and upon such acceptance, this ordi- 
nance shall constitute a contract between the City of Memphis 
and the said Louisville & Nashville Railroad Company. This 


grant shall be void if not accepted as just provided. 


See. 1341. This railroad work be done under the supervision 


of the City Engineer.’ 


STIPULATION. 
L. & N. R. R. accepting ordinance passed Oct. 21, 1905: 
Memphis, Tenn., Oct. 31, 1905. 
To the Hon. Mayor and City Council of Memphis, 
Memphis, Tennessee. 
Gentlemen: 

The ordinance passed Oct. 21, 1905, permitting the Louisville 
& Nashville Railroad Company to construct and operate a track 
on and over Concord street in the City of Memphis, is this day 
accepted by the Louisville & Nashville Railroad Company. 

LOUISVILLE & NASHVILLE RAILROAD COMPANY. 
By J. P. HOUSTON, Attorney. 
F. N. FISHER, Superintendent. 


ARTICLE 86. 
IRON MOUNTAIN RAILROAD. 
ORDINANCE NO. 1. . 
Sec. 1342. Be it ordained by the Legislative Council of the Industrial 


track on 
City of Memphis, That the Iron Mountain Railroad Company of Kentucky 


avenue. 
Memphis be and is hereby permitted to lay an industrial track 
on the west side of Kentucky avenue, north of Gholson avenue 
and in front of and to be used by the Burgie Manufacturing 


Company and the Iron Mountain Railroad Company; said indus- 


1 Ordinance No. 2 passed October 21, 1905. 


878 


CITY ORDINANCES. 


UNION RAILWAY COMPANY. 


Construction. 


Maintenance. 


Subject to 
will of 
Council. 


Route 1. 


trial track to begin at,a point about 270 feet north of the north 
line of Gholson avenue and diverging from the track of the 
Iron Mountain Railroad Company of Memphis, as appears upon 
the blue print this day filed, and running thence southwardly 
on the west side of Kentucky avenue into lot 11, South Memphis, 


to a point on the north side of Gholson avenue. 


Sec. 1343. The spur or switch track be constructed under the 


supervision of the City Engineer and to his satisfaction. 


Sec. 1844. The crossing of this spur or switch track and 
Kentucky avenue be kept in good condition at all times by and 
at the expense of the said Iron Mountain Railroad or St. Louis 


and Iron Mountain Railroad. 


Sec. 13845. The granting of the right to lay this spur or 
switch track be subject to and during the will and pleasure of 


the Legislative Council.’ 


ARTICLE 87. 
UNION RAILWAY COMPANY (OR BELT LINE)—THIRD CONTRACT. 
ORDINANCE NO. oO” 

Sec. 1346. Be it ordained by the Legislative Council of the 
City of Memphis, That the Union Railway Company, a corpora- 
tion created and existing under the laws of the State of Ten- 
nessee, be and is hereby given the permission and granted the 
right to construct and operate a belt railroad in the City of 
Memphis over and along the routes hereinafter described, 


namely: 
ROUTE NO. 1. 


Commencing at a point at or near McGhee’s Station, in said 
City of Memphis, on the south side of the right of way of the 


Southern Railway Company at the eastern terminus of the right 


1 Ordinance No. 1 passed September 19, 1906. 


* Contracts Nos. 1 and 2 are set out in full in Watkins’ Digest, 1902; hence 
omitted in this volume. 


CITY ORDINANCES. 


UNION RAILWAY COMPANY. 


of way granted by the Taxing District of Shelby County to said 


Union Railway Company by contracts dated January 7, 1890, ° 


and November 6, 1890, which contracts are set forth on pages 
294 to 301, inclusive, and pages 302 to 310, inclusive, of the ap- 
pendix to the City Digest of 1898; thence in an easterly direction, 
crossing fier elit of way of the Southern Railway Company and 
parallel with and south of the tracks of the Nashville, Chat- 
tanooga & St. Louis Railway Company, as at present located, 
between Raleigh and McLean avenues and within three hundred 
(300) feet of the tracks of the said Nashville, Chattanooga & St. 
Louis Railway Company; thence in the same general easterly 
direction, as above described, to the west line of Cooper avenue, 
the present eastern limit of the City of Memphis, the right 
being hereby granted to cross all intervening streets, alleys and 


highways on said Route No. 1. 


ROUTE ‘NO. 2. 


Commencing at a point on the eastern limits of the City of 
Memphis, not less than six hundred (600) feet north of the 
north line of Summer avenue; thence westwardly and parallel 
with said Summer avenue and not less than six hundred (600) 
feet north of the north line of said Summer avenue to the tracks 
of the Louisville & Nashville Railroad Company, as now located 
and constructed; thence across the tracks of said Louisville & 
Nashville Railroad Company to the north side thereof; thence 
in a southwardly and westwardly direction and substantially 
parallel to the tracks of the said Louisville & Nashville Railroad 
Company to the west line of Main street, at the junction of the 
tracks of the Louisville & Nashville Railroad Company at the 
point where the same cross Main street; provided, however, that 
no portion of the tracks of said Union Railway Company shall 
occupy any part of Railroad street between High street and 
Jackson avenue; thence in a westwardly and southwestwardly 


cirection over, along and upon the tracks of the said Louisville 


Route 2. 


880 


CITY ORDINANCES. 


UNION RAILWAY COMPANY. 


Route 3. 


Route 4. 


& Nashville Railroad Company to a point on said tracks of the 
Louisville & Nashville Ralroad Company near the intersection 
of Auction street extended and the tracks of said Louisville & 
Nashville Railroad Company, the right being hereby granted 
to cross all intervening streets, alleys and other public grounds 


on said Route No. 2. 


It is expressly understood that said Union Railway Company 
Shall not build any track in Auction street east of Second street, 
but said track shall be laid south of the Artesian Water Com- 
pany’s plant, and north of the Louisville & Nashville Railroad 


track. 


ROUTE NO. 3. 

Commencing at a point on Route No. 2, at or near the inter- 
section of Summer avenue and the tracks of the Louisville & 
Nashville Railroad Company; thence in a general northwesterly 
direction across all intervening streets, alleys and highways to 
a point on the south line of Vollentine avenue, being the present 
northern limit of the City of Memphis, about four hundred (400) 
feet east of the intersection of said Vollentine avenue and Lewis 


avenue. 


ROUTE NO. 4. 

Commencing at a point on the north limits of the City of 
Memphis between Front and Main streets, if the same were 
extended to said north limits; thence southwardly to the inter- 
section of Henry street and Front street; thence southwardly 
along said Front street and fifteen (15) feet east from the west 
line of said Front street to a point on the north line of Mill 
street in said Front street, the right being hereby granted to 
cross all intervening streets, alleys and highways on said Route 
No. 4. 


The tracks of the Union Railway Company in Front street 


shall be paved between rails, and two feet on each side thereof, 


CITY ORDINANCES. 


é 


881 


UNION RAILWAY COMPANY. 


when the city paves the balance of the street, and with like 


niaterial as that used by the city. 


The said Union Railway Company shall build a steel high- 
way or wagon bridge at its crossing of Front street over the 
bayou, under the supervision of the City Engineer; said bridge 
shall extend from the east line of said street to the west side 
of the right of way of said railway, the bridge span not to ex- 
ceed forty (40) feet. 


ROUTE NO. 5. 


Commencing at the intersection of Greenlaw street and Route 
No. 4, as hereinbefore described, and extending thence in a gen- 
eral southwesterly direction to a point-on the tracks of the Louls- 
ville & Nashville Railroad Company and the track known as 
the Chesapeake, Ohio & Southwestern navy yard track, at or 
near the intersection of the tracks of the said Louisville & 
Nashville Railroad Company and the said Chesapeake, Ohio & 
Southwestern navy yard track with Auction street, if the same 
were extended west, and the right to there construct, maintain 
and operate connections with said Louisville & Nashville Rail- 
road tracks and said Chesapeake, Ohio & Southwestern navy 
yard track, and the further right to acquire joint rights in 
said tracks of the Louisville & Nashville Railroad Company, as 
constructed, maintained and operated under a contract between 
the Taxing District of Shelby County, Tennessee, and said Louis- 
ville & Nashville Railroad Company, dated October 1, 1881, as 
set forth on pages 11 to 15, inclusive, of the Appendix to the 
City Digest of 1898; thence southwardly over, along and upon 
the said Chesapeake, Ohio & Southwestern navy yard track to a 
junction with the track known as the Mississippi & Tennessee 
track, constructed, maintained and operated under a contract 
between the Taxing District of Shelby County, Tennessee, and 


the Mississippi & Tennessee Railroad Company, dated the 21st 


Route 5. 


882 


CITY ORDINANCES. 


UNION RAILWAY COMPANY. 


day of June, 1880, as set forth on pages 23 to 32, inclusive, of 
the Appendix to the City Digest of 1898; between Winchester 
and Market streets, and the right to construct, maintain and 
operate a connection between said Chesapeake, Ohio & South- 
western navy yard track and the said Mississippi & Tennessee 
track, and the further right to construct, maintain and operate 
connections between the before-mentioned Louisville & Nash wilt 
Railroad tracks to the said Mississippi & Tennessee track north 
of Market street, as provided in the aforesaid contract between 
the Taxing District of Shelby County Tennessee, and the Mis- 
sissippi & Tennessee Railroad Company, dated June 21, 1880; 
thence southwardly over, along and upon the said Mississippi & 
Tennessee railroad track, as constructed, maintained and operated 
under the contract aforesaid, to a point at or near Adams street, 
running over, along and upon the western track where there 
are now two tracks between Poplar street and a point near 
Adams street, where connection can be made with the tracks 
known as the Kansas City tracks, constructed, maintained and 
operated under contract between the Taxing District of Shelby 
County, Tennessee, and the Springfield & Memphis Railroad 
Company, dated the 5th day of December, 1881, and contract 
between the Taxing District of Shelby County, Tennessee, and 
the Kansas City, Springfield & Memphis Railroad Company, 
dated the 25th day of March, 1885, as set forth on pages 63 to 
76, inclusive, of the Appendix to the City Digest of 1898, and 
pages 96 to 105, inclusive, of the Appendix to said City Digest 
of 1898, with the right to construct, maintain and operate con- 
nections at such point as above described between the said 


Mississippi & Tennessee Railroad track and the said Kansas 


_City track or tracks, and the further right to acquire a joint 


and equal ownership, or joint. use, of any or all of the tracks 
authorized to be constructed, maintained and operated under 


said contracts with the Springfield & Memphis Railroad Com- 


CITY ORDINANCES. 


883 


UNION RAILWAY COMPANY. 


pany and the Kansas City, Springfield & Memphis Railroad Com- 
pany hereinbefore mentioned; thence southwardly along the 
river front and in and along Tennessee street, and over, along 
and upon the said Kansas City tracks, as above mentioned, to the 
junction of Huling and Tennessee streets with said Kansas City 
tracks; thence SeutiaeAcaly in and along Tennessee street to 
the north line of Calhoun street at its intersection with Tennes- 
see street; thence southwardly crossing Calhoun street into the 
yards of the Iron Mountain Railroad Company, of Memphis, con- 
sent and permission of said Iron Mountain Railroad Company 
of Memphis having been first had and obtained; thence south- 
wardly through said yards and property and crossing Georgia and 
Carolina streets to a junction with the line or lines of the said 
Union Railway Company on Broadway, as described in the con- 
tracts made between the Taxing District of Shelby County, Ten- 
nessee, and the Union Railway Company, dated January 7, 1890, 
and November 6, 1890, hereinbefore mentioned, and the right 
to make proper and suitable connections with said. line or lines 


of said Union Railway Company on Broadway, as above described. 


The track of the Union Railway Company on Tennessee street, 
south of Huling street, shall be located by the City Engineer 
in such way as to inconvenience to the least extent the property 
owners on each side of the street. And the Union Railway Com- 
pany shall join the railroads and other owners of tracks in Ten- 
hessee street in paving said Tennessee street, in such way and 
at such time as the city shall require, and such paving shall be 
done in such manner as to permit vehicles to drive over said 


tracks and reach the property on each side of said street. 


ROUTE NO. 6. 
Commencing at a point on Route No. 1, as hereinbefore de- 
scribed, west of and near the intersection of said route with 


Lamar boulevard; thence in a southwesterly direction across 


Route 6. 


854 


CITY ORDINANCHES. 


UNION RAILWAY COMPANY. 


Suits—pro- 
vision for. 


Right to buy 
into other 
tracks. 


Duration of 
ordinance 39 
years. 


all intervening streets, alleys and highways and the rights of way 
of railroads to a point about one thousand (1,000) feet west 


of the intersection of Raleigh avenue and Trigg avenue. 


And in order to enforce the rights now given to said Union 
Railway Company to purchase into any or all of said railroad 
tracks, or to acquire the use of the same, permission is given 
to said Union Railway Company to use the name of the City 
of Memphis in any proceeding that may be necessary; provided, 
however, said Union Railway Company shall, before instituting 
such proceeding, give bond in the penalty of $2,000, indemnifying 
the City of Memphis against all costs and damages that may. be 


adjusted against it in such suits or proceedings. 


Permission is likewise granted the Union Railway Company, 
so far as the city has the power to grant such permission, to 
purchase into any side track or tracks, spur or spurs, or to 
acquire the use of the same, pertaining to or connected with 
any common track or tracks, into which the right of purchase 
or the right to acquire use of the same has been given the Union 


Railway Company by this ordinance. 


Sec. 1347. Be it further ordained, That all of the privileges 
and rights herein given and granted to said Union Railway 
Company are given and granted upon the following conditions 
which are severally and collectively declared. to be conditions 
prcccdeun to the use and enjoyment of any permission, privilege 


or right given or granted herein. 


Sub-Sec. 1. The term of all of the rights and privileges herein 
given and granted to the Union Railway Company to construct, 
maintain or operate any track or tracks in, along or lengthwise 
of the streets, highways and public levee and other public 
grounds of the City of Memphis is limited to thirty-five (35) 


years, commencing with the date of the final passage of this ordi- 


CITY ORDINANCES. 


885 


UNION RAILWAY COMPANY. 


nance, and at the end of the said period of thirty-five years all of 
said permission, privileges and rights to maintain or operate any 
tracks in, on or lengthwise of any street, highway or public levee 
and other public grounds of the City of Memphis shall cease and 


determine and be of no force or effect. 


Sub-Sec. 2. No more than two (2) tracks shall be laid by 
said Union Railway Company across any public street, highway 
or alley, except by express permission granted by the Legislative 


Council of the City of Memphis. 


At all street, highway and alley crossings the tracks shall be 
laid flush with the surface of said street, highway or alley, and 
the said Union Railway Company shall, at its own expense, pave 
between the rails and three feet on each side thereof with such 
material as the City Engineer shall prescribe, and all street, 
alley and highway crossings shall be constructed and maintained 
in such manner as to render such crossings safe and convenient 


for vehicles and pedestrians. 


Should the city at any time change the grade of any street, 
highway or alley, said Union Railway Company shall promptly 
conform to such changed grade and maintain its tracks at all 
times flush with the grade of the streets, highways and alleys 
crossed, unless the city shall require the tracks to be raised 
above or lowered under the ehreets highway or alley grades, as 


hereinafter provided. 


Sub-Sec. 3. Said Union Railway Company shall, at its own 
expense, put up and maintain electric arc lights and railroad 
gates, and it shall maintain flagmen at all such street crossings 
traversed by its tracks at grade as may be designated by the 
City Council from time to time, and upon such designation such 
lights, gates and flagmen shall be promptly established ana 
maintained. Such lights and gates shall be of approved and 


standard design. 


No more 
than 2 tracks 
across street. 


Paving: 


Conformity 
to grade. 


Lights, gates 
and flagmen. 


886 


CITY ORDINANCES. 


UNION RAILWAY COMPANY. 


Switching 
charges. 


Same. 


Same. 


Connection 
with fac- 
tories. 


Sub-Sec. 4. Said Union Railway Company shall: switch all 
empty cars free of charge, when forwarded for the purpose 
ot being loaded or after having been unloaded at a point reached 
by the lines or spur tracks of said Union Railway Company, and 
for switching loaded cars it shall not make a greater charge 
than two ($2.00) dollars per car on any car switched from one 
point in the City of Memphis to another point in the City of 
Memphis, and it shall not charge more than two and 50-100 
($2.50) dollars per car on loaded cars switched from a point 
inside of the City of Memphis to a point on its lines outside of 
said city, or from a point outside of said city to a point. within 
said city; provided, however, that these charges are not more 
than those now or hereafter made by other roads for similar 


service. 


Sub-Sec. 5. Said Union Railway Company shall make no 


charge for switching cars over its lines which come into the 
City of Memphis, or go out of the same, over any other railroad 
which may operate, own or control said Union Railway Company, 


directly or indirectly. 


Sub-See. 6. Said Union Railway Company, its successors and 
assigns, shall receive, transport and switch all cars and freight 
offered by the railroad companies entering Memphis, and by 
industries and by all persons, firms or corporations upon the 
same basis of charges, upon equal and uniform service, and 
without unequally discriminating against the City of Memphis, 


or its citizens, in its rates for the transportation of the same. 


Sub-Sec. 7. Said Union Railway Company shall, at any point 
of its line, connect factories and industries located within one- 
half (44) mile of such line upon such factory or industry fur- 
nishing the right of way and paying one-half the expense of 
grading, ties, rails and all other expenses incident to the con- 


struction of such connecting tracks. 


CITY ORDINANCES. 


887 


UNION RAILWAY COMPANY. 


Sub-Sec. 8. Said Union Railway Company shall never per- 
mit any other railroad company to enter the City of Memphis 
over its tracks unless the railroad so entering the city over the 
tracks of the Union Railway Company shall have first entered 
into a valid and binding contract with the City of Memphis not 
to unequally discriminate against the shippers and citizens of the 


City of Memphis in the carriage of freight or passengers. 


Sub-Sec. 9. Any other railroad company shall have the right 
to cross the tracks of the Union Railway Company in order to 
reach other railroads, industries or shippers located on either 
side thereof by paying the cost of such crossing and the expenses 
incident thereto and to the maintenance of said crossing, and 
conversely said Union Railway Company, in order to reach other 
railroads, industries or shippers located on either side thereof, 
shall have the right to cross the tracks of any other railroad by 
paying the cost of such crossing and the expenses incident thereto 


and to the maintenance of said crossing. 


Sub-Sec. 10. The Union Railway Company shall join with the 
other railroad companies owning or operating tracks upon the 
river front between Huling street and Poplar street in tie 
elevation of said tracks, and said Union Railway Company shall 
contribute its pro rata cost of elevation of its tracks on the river 
front between points before mentioned, and shall effect such 
elevation at the same time and along with the other railroad 
companies owning and operating tracks upon said river front, as 
aforesaid, but nothing herein shall be construed as an exclusion 
of the right and power of the City of Memphis to compel the 
Union Railway Company to raise its tracks over, or lower them 
under, the grade of any or all of the streets, alleys or highways 


crossed by the tracks of said Union Railway Company. 


Sub-Sec. 11. The Union Railway Company shall handle, switch 


and haul free of charge all cars of gravel, rock or other sup- 


Discrimina- 
tion provided 
against, 


Crossing 
tracks by 
other rail- 
roads. 


Elevation 
of tracks. 


City supplies 
free. 


888 


CITY ORDINANCES. 


UNION RAILWAY COMPANY. 


Previous 
rights. 


Limitation 
on comple- 
tion. 


plies and freight of the City of Memphis, or intended for the 


use of the city. 


Sec. 1348. Be it further ordained, That nothing in this ordi- 
nance shall be construed as a repeal, amendment or modification 
of any right, permission or privilege heretofore granted by the 


City of Memphis to said Union Railway Company, except in so far 


as this ordinance may be in conflict therewith. But it is ex- . 


pressly ordained that all and every right, privilege or permis- 
sion heretofore given to or claimed by the Union Railway Com- 
pany to locate or build any line or track within the City of 
Memphis, excepting two tracks on Broadway from Kansas avenue 
te McGhee’s Station, and excepting the routes described in 
Section 1 of this ordinance, are hereby repealed, and declared to 
be of no force or effect, and the said Union Railway Company 
shall forthwith file with the City Secretary a formal stipulation 
fully and finally waiving and releasing all such privileges, rights 


and claims. 


And it is likewise ordained and declared that nothing herein 
contained shall be construed as releasing or relieving the Union 
Railway Company from the duty of fully carrying out and com- 
plying with all the conditions and burdens attached os and con- 
tained in the contracts between the Taxing District of Shelby 
County and said Union Railway Company, of dates January 7, 
1290, and November 6, 1890, respectively, which contracts are 
fully set forth in the City Digest of 1898, on pages 294 to 310, 
inclusive; provided, however, that the time allowed said Union 
Railway Company to complete and put into operation its two 
main tracks upon Broadway under said contracts of date January 
7, 1890, and November 6, 1890, shall be and the same is hereby 
extended for a period of three years from the date of the passage 
and approval of this ordinance; and provided, further, that if one 


of said tracks shall be completed and put in operation within 


Fe 


CITY ORDINANCES. 


889 


UNION RAILWAY COMPANY. 


said period of three years and the other of said tracks shall have 
been partially completed, then none of the rights of said Union 
Railway Company under this ordinance, or under said contracts, 
or either of them, shall be forfeited by reason of its failure to 
complete and put into operation both of said main tracks, but 
such forfeiture shall extend only to the right to use such portion 
of Broadway as has not been occupied by the track remaining 


to be completed. 


Sec. 1349. Be it further ordained, That the Union Railway 
Company shall, within three (3) years next ensuing, construct, 
complete and put into operation all of the roads and lines ot 
track described in Section 1 of this ordinance; provided, however, 
that said Union Railway Company shall be under no obligations 
to construct Route No. 2, it being the purpose to give said Union 
Railway Company the option to build said route or not, as it 
may desire; and provided, further, that if the said Union Rail- 
way Company shall be enjoined or prevented by bona fide liti- 
gation in any court of competent jurisdiction from constructing 
its said lines of road, then the period which may intervene 
during such litigation shall not be included within the three 
years named for constructing, completing and putting into 


operation its said roads and lines before mentioned. 


Notwithstanding the three years’ time given said Union Rail- 
way in which to construct and put its road into operation around 
the city, said Union Railway Company shall forthwith, or at 
any time when required by the city, join the other railroads on 


the river front in elevating the tracks, as required by the city. 


Sec. 1850. Be it further ordained, That in order to permit the 
Louisville & Nashville Railroad Company to continue the use 
during the period hereinafter named of the tracks which it was 
permitted to construct under the contract between the Taxing 


District of Shelby County and the said Louisville & Nashville 


Louisville & 
Nashville R. 
R.—provision 
relating to. 


890 


CITY ORDINANCES. 


UNION RAILWAY COMPANY. 


Railroad Company, of date October 1, 1881, the said contract is 


renewed and extended during the period of thirty-five years, com- 
mencing with this date, and the privileges and rights granted to 
the Louisville & Nashville Railroad Company in said contract of 
October 1, 1881, are hereby granted to said Louisville & Nashville 
Railroad Company for said term of thirty-five years at the 
rental of five hundred ($500) dollars per year from now until 
Cctober 1, 1906, and at seven hundred and fifty ($750) dollars 
per year from that date until the expiration of this lease, thirty- 
one years after October 1, 1906, and upon the same terms, con- 
ditions and restrictions set forth in said contract of October 1, 
1881; provided, however, that said Louisville & Nashville Rail- 
road Company shall not, without permission of the city, con- 
struct or operate any tracks or occupy any ground except the 
tracks which the Louisville & Nashville Railroad Company has 
the right to construct, and the grounds which it has the right 
to occupy as such tracks and grounds are described in said con- 
tract of October 1, 1881. Provided, that the above rights and 
privileges are granted the Louisville & Nashville Railroad upon 
the condition that the Louisville & Nashville Railroad Company, 
its successors or assigns, shall switch all cars and freight offered 
by other railroads entering Memphis and by industries, all 


persons, firms and corporations upon the same basis of charges 


upon equal and uniform service and without discrimination. 


against the City of Memphis, or its citizens, in its rates for the 


transportation of the same. And further, that said Louisville & 


Nashville Railroad Company, its successors or assigns, shall not 


make a greater charge than two ($2) dollars per car on any car 
switched within the switch limits of ‘Memphis, empty cars to be 


switched free; provided, that this shall not apply to switching 


done for roads when such roads make a greater charge against — 


the Louisville & Nashville Railroad Company for similar service, 


until such company or companies are limited by ordinance in a 


CITY ORDINANCES. 891 


UNION RAILWAY COMPANY. 


similar manner. Provided, further, that within thirty days after 
the final passage hereof the said Louisville & Nashville Railroad 
Company shall file with the city a stipulation in writing, prop- 
erly authorized and executed, obligating said railroad company 
to comply with all the duties and obligations herein imposed 


upon it. 


Sec. 13851. Be it further ordained, That the City of Memphis a8 eee 


does not grant any interest in the soil over which the tracks ™ 5°) 


of the Union Railway Company may be laid or operated, but 
only the privileges herein specifically enumerated, and only upon 
the conditions and with the limitations prescribed in this ordi- 
nance; and it is expressly ordained and declared that the Union 
Railway Company acquires and accepts just such and only such 
rights to the herein granted permission and privileges as the 
city has the authority and power to grant, and none other or 
otherwise; and the city shall not be held liable or responsible in 
any way for any sum whatever on account of or in consequence 
of a deficit or defect of power or authority to make these grants, 
or any of them, but the Union Railway Company assumes all 
risk of the want of power in the government to make the same. 
And the fetion Railway Company and not the City of Memphis 
shall be liable for any damages that may result to third parties 
on account of the construction, maintenance and operation of 
the railroad tracks herein permitted to be constructed or 


operated. 


And the City of Memphis hereby reserves and retains all of phate Pauls 
its police and taxing powers over the roads, tracks and property 
of said Union Railway Company, and to the operation thereof, 
and the rights and privileges herein granted shall be subject to 
all of the lawful ordinances of the City of Memphis now in 
force or that may be hereafter enacted, and the obligations 


imposed by this ordinance shall be binding upon and its benefits 


892 


CITY ORDINANCES. 


UNION RAILWAY COMPANY. 


Forfeiture 
clause. 


Stockhold- 


ers’ 
tion 


resolu- 
required. 


shall inure to the successors and assigns of said Union Railway 


Company. 


The Union Railway Company shall never by lease, sale, consoli- 
dation, combination or declaration permit the franchise herein 
granted to be used with the purpose or effect of increasing the 


switching charges at Memphis. 


Sec. 1352. Be it further ordained, That the original and con- 
tinued performance of each and every stipulation in this ordi- 
nance on the part of the said Union Railway Company are 
conditions to the permission, privileges and grants herein con- 
tained, and that the failure of the said Union Railway Company 
to perform the same, or any part of the same, or its failure to 
perform. the same within the time stipulated or to exercise said 
permission, rights and privileges within the time herein stipu- 
lated, shall, at the option of the City of Memphis, work an entire 
forfeiture and cessation of all the rights, permissions and priv- 
ileges herein granted to said Union Railway Company, and the 
city may, in the event aforesaid, at once retake and resume pos- 
session and control of the routes, premises, privileges and rights 
as if this ordinance had never been enacted. Provided, however, 
that such forfeiture shall not be enforced unless said Union 
Railway Company shall, for thirty days after notice, neglect to 


perform such obligations or to exercise such privileges. 


Sec. 1853. Be it further ordained, That within thirty (30) days 
after the final passage of this ordinance said Union Railway 
Company shall file with the City Secretary a stipulation, duly 
authorized by resolutions of its stockholders and directors, obli- 
gating said railway company to fulfill and perform all of the 
duties and obligations herein imposed upon it. 


Passed final reading June 5, 1902. 


CITY ORDINANCES. 


893 


UNION RAILWAY COMPANY. 


ORDINANCE NO. 4. 

Sec. 1354. Be it ordained by the Legislative Council of the 
City of Memphis, That the Union Railway Company, a corpora- 
tion chartered and existing under the laws of the State of Ten- 
nessee, be and the same is hereby given the permission and 
granted the right to construct and operate a track extending 
along Front street parallel to and twelve feet east of the west 
line of said street, from the north line of Mill street to the 
street or alley lying between the jail and the plant of the Chicka- 


saw Cooperage Company, upon the following conditions: 


1. The track shall be laid according to the grades of the City 


Engineer. 


2. The track shall be laid with its center about twelve feet 


east of the west property line. 


3. That the track shall be curbed off from the rest of the 
street where directed by the Engineer, and paved, guttered and 
graveled from the bayou south to the L. & N. railroad crossing, 


according to the specifications of the City Engineer. 


Sec. 1355. The granting of the right to lay this track is subject 


to and during the will and pleasure of the Legislative Council.* 


ORDINANCE NO. 5. 

Sec. 1355a. Be it ordained by the Legislative Council of the 
City of Memphis, That the Union Railway company is hereby 
granted the right during the will and pleasure of the Legislative 
Council to lay a track from the west side near the southeast 
corner of lot seventy-six (76) of the Freeman & Brinkley sub- 
division, running thence diagonally across Front street to the 


north line of Henry avenue; running thence across said Henry 


1 Sections 1354 and 1355 passed August 8, 1907. 


Front street. 


Specifications 


Limitation. 


894 CITY ORDINANCES. 


UNION RAILWAY COMPANY. 
avenue to the center of the alley lying between Main street and 
Front street; thence along the center of said alley to the Cubbins 


property.* 


Sec. 13855b. Be it further ordained that the Union Railway 
Company shall, within thirty (30) days after the receipt of notice 
fu the City of Memphis to remove its track, remove the same. 
The right granted by this ordinance is a mere permission, to be 


revoked at pleasure by the Legislative Council. 


i RESOLUTION. 
Whereas, the Union Railway Company has adopted an addi- 
tional route outside of the city limits, which subserves the pur- 
pose intended in Route No. 3, as described in an ordinance 


passed on the 5th day of June, 1902. 


Union Ry. Now, therefore, be it resolved, That the Union Railway Com- 
not required 
to build 


Route No, 3, Paby shall not be required to build said Route No. 3, which said 


route is described as follows: 


“Commencing at a point on Route No. 2, at or near the inter- 
section of Summer avenue and the tracks of the Louisville & 
Nashville Railroad Company; thence in a general northwesterly 
direction across all intervening streets, alleys and highways to 
a point on the south line of Vollentine avenue, being the present 
northern limit of the City of Memphis, about four hundred (490) 
feet east of the intersection of said Vollentine avenue and Lewis 


294 


avenue. 


UNION RAILWAY COMPANY. 
Petition of the Union Railway Company, the Crescent Cotton 
Oil Company, et al., for permission to construct “A spur or 
switch track beginning with the south side of Central avenue, or 


lot 19 of E. E. Meacham’s Cooper and Central avenue subdivision, 


2 Section 1355a and Section 1355b passed June 16, 1909. 
1 Resolution adopted March 9, 1905. 


CITY ORDINANCES. 


895 


LEE BROS. ELEVATOR—K. C. F. S. & M. R. R., ET AL. 


and running thence south with lot 19, and also along and on a 
street or road known as Crescent Place, and across a street or 
road known as York avenue; thence on a 24-degree curve across 
lots 37, 38, 39, 40 and 41 of said Meacham’s Cooper and Central 
avenue subdivision to a connection with the main line of the 
Union Railway Company at or near where the same is crossed 


by a road or street designated as Tanglewood avenue.” 


Granted, subject to the contract of the Union Railway Com- 
pany with the city and during the will and pleasure of the Legis- 


lative Council. 


See. Minute Book F, page 390. Adopted Nov. 10, 1904. 


LEE BROS. ELEVATOR. 

Petition of James Lee for permission to build and operate a 
side track from the railroads on the river front alongside of and 
into the elevator ‘erected on the city’s property, under lease of 
Dec. 10, 1904, (Minute Book F, page 393), granted subject to the 


following conditions: 


First. That the track granted to the petitioner be a free track 
and railroads may buy into and become joint users upon payment 
of a proper portion of cost and maintenance provided authority is 


given therefor either by ordinance or contract with the city. 


Second. That no toll or extra charge shall be made for the 
use of said tracks to be granted either by petitioner, his suc- 
cessors, or any joint owners. Said construction to be done 


under supervision of the City Engineer. 


See Minute Book F, page 406, Jan. 5, 1905. 


ARTICLE 88. 
ORDINANCE NO. 1. 


KANSAS CITY, FORT SCOTT & MEMPHIS RAILROAD AND ST. LOUIS 
& SAN FRANCISCO RAILWAY. 


Sec. 1356. Be it ordained by the Legislative Council of the 
City of Memphis, That the Kansas City, Fort Scott & Memphis 


Hin- 


Huntington 
property. 


896 


CITY ORDINANCES. 


KANSAS CITY, FT. SCOTT & MEMPHIS RAILROAD. 


Limitation 
and con- 
ditions. 


Tenn. Gran- 
ite Brick Co. 


Track across 
Walker 
street. 


Railway Company and the St. Louis & San Francisco Railroad 
Company, lessee, be permitted to construct a single line spur 
track railroad leading from the property known as the Lansing 
Wheelbarrow property, across Division street and Arkansas 
avenue, into the property of the Brown, Hinman & Huntington 
Company, lying between Gaines street and Division street, as 
shown upon the blue print filed with the petition of said two 


railroad companies before this Council. 


This license is revokable at the will and pleasure of the 
Council, and, is granted upon condition that at all times the 
space between the rails of said track and three feet on each 
outside thereof shall be kept in good condition and repair by 
the said railroad companies, and with the same kind and quality 
of material with which the remainder of said streets over which 
they run are or may be improved or repaired, and in case of 
failure so to do upon ten days’ notice from the City Engineer | 


the same may be done by the city at said companies’ expense. 


This license shall inure to the benefits of the railroad com- 


panies above named, their successors and assigns.* 


ORDINANCE NO. 2. 

Sec. 1857. Be it ordained by the Legislative Council of the 
City of Memphis, That the Kansas City, Fort Scott & Memphis 
Railway Company and the St. Louis & San Francisco Railroad 
Company, lessee, be permitted, in order to properly serve the Ten- 
nessee Granite Brick Co., a manufacturing establishment located 
adjacent to its tracks, and to provide facilities for the transaction 
of its business, to lay four (4) tracks across Walker avenue as 
shown upon the blue print marked “Exhibit A” in red attached 


tc the said companies’ petition filed before this Council. 


1 Ordinance No. 1 passed August 28, 1905. 


CITY ORDINANCES. 


897 


KANSAS CITY, FT. SCOTT & MEMPHIS RAILWAY. 


Sec. 1358. This license is granted revokable at the will and 
pleasure of the Council, and subject to all the conditions, limita- 
tions and restrictions embodied in the contract of said Railroad 
Companies with the City of Memphis, and that the culvert across 
Walker avenue ravine be built by said railroad companies as 


shall be directed by the City Engineer.’ 


ORDINANCE NO. 3. 

Sec. 1859. Be it ordained by the Legislative Council of the 
City of Memphis, That the. Kansas City, Fort Scott & Memphis 
Railway Company, extending north and south along Kansas 
avenue, be permitted to construct a spur track beginning at a 
point of connection with the present track of said Railroad Com- 
pany on Kansas avenue about 175 feet north of the intersection 
of the center line of said present track with the north line of 
Gaines street; and running thence in a southerly, southeasterly 
and easterly direction on a curve to the left, along the said 
Kansas avenue, and across Gaines street, into the private prop- 
erty of the said Southern Biscuit Works, with the right to operate 
engines, trains and cars thereon, as shown upon the blue print 
in yellow filed with the petition of said Railroad Company before 


the Council. 


Sec. 1360. The said track shall be laid flush with the surface 
of said streets, and that the said Railroad Company shall, at its 
own expense, pave between its rails and three feet on each side 
thereof with such material as the City Engineer shall prescribe, 
and in case said Gaines street and Kansas avenue shall at any 
time hereafter be paved, the street crossing shall be paved or 
maintained in such manner as to render such crossing safe for 
vehicles and pedestrians, and should the city at any time change 
the grade of either Kansas avenue or Gaines street, the said Rail- 


road Company shall promptly conform to said change of grade 


1 Ordinance No. 2 passed August 30, 1905. 


Limitations. 


Southern 
Biscuit 
Works. 


Kansas ave- 
nue to Gaines 
street. 


Paving. 


898 


CITY ORDINANCES. 


KANSAS CITY, FT. SCOTT & MEMPHIS RAILWAY ET AL. 


Limitations. 


Chester 
street. 


Limitations. 


and maintain its said spur track at all times flush with the 


srade of said streets. 


. Sec. 13861. This license is revokable at the will and pleasure 
o. the Council and the rights and privileges herein granted 
shall inure to the benefits of itself and its successors and assigns; 
but in case of failure of the said Company to comply upon ten | 
days’ notice from the City Engineer with any of the conditions 
herein provided, all improvements or repairs or change of grade 
may be done by the city at the Company’s expense, upon said 


notice.’ 


ORDINANCE NO. 4. 

Sec. 1362. Be it ordained by the Legislative Council of the 
City of Memphis, That the Kansas City, Fort Scott & Memphis 
Railway Company, and the St. Louis & San Francisco Railroad 
Company, lessee, be permitted to extend a track from a point 
opposite the Tennessee Brewing Co., to a connection with the 
track now lying in Chester street, in the City of Memphis, in 
front of the works of Goyer & Co., and to construct a new track 
about 47 feet in length, and to move a track now in Chester 
street slightly to the west, the length of the portion to be 
moved being ninety feet, the portion to be constructed new being 
shown in yellow and the portion of the track to be slightly moved 
being shown in red, upon the blue print marked “Exhibit A,” 
attached to the said railroads’ petition and made a part of same 


and filed before this Council. 


Sec. 1863. This license is granted revokable at the will and 
pleasure of the Council, and subject to all the conditions, limita- 
tions and restrictions embodied in the contract of said Railroad 


Companies with the City of Memphis. 


1 Ordinance No. 3 passed August 30, 1905. 
2 Ordinance No. 4 passed August 30, 1905. 


CITY ORDINANCES. 


899 


KANSAS CITY, FT. SCOTT & MEMPHIS RAILWAY ET AL. 


ORDINANCE NO. 5. 

Sec. 1364. Be it ordained by the Legislative Council of the 
City of Memphis, That the right is hereby granted to the Kansas 
City, Fort Scott & Memphis Railway Company, and the St. Louis 
& San Francisco Railroad Company, to construct, maintain and 
operate for railroad purposes, with any motive anette a rail- 
road track commencing at some point between Kansas avenue 
and Louisiana avenue, in what is known as the incline track, 
criginally constructed by the Springfield & Memphis Railroad 
Company, running thence in a southwesterly direction to and 
across the property owned by the Gulf Compress Company, im- 
mediately north of Trigg avenue, to or near the west bank of the 
Mississippi River, with the right to cross Louisiana avenue, 
Arkansas avenue at or near its intersection with West McLemore 
avenue with one track, Oklahoma avenue with one track, Utah 
avenue with one track and Riverside avenue with one track north 
of Utah avenue, and one track south of Utah avenue, and to lay 
west of Riverside avenue upon private property such tracks and 
switches as may be necessary to serve the compress about to be 
erected by the Gulf Compress Company, upon land which has 
been acquired by it for that purpose, and also to cross all inter- 
vening alleys. They are also granted the right to place a switch 
leading from the main line toward the west, which shall be 
located at a point north of Utah avenue and between Riverside 
boulevard and Delaware avenue, for the purpose of enabling 


tracks to be laid on both sides of the projected compress. 


Sec. 1365. This grant shall be subjeet to all the restrictions 
and conditions set out in contracts now existing between the 
City of Memphis and said railroads and printed in Watkins’ 
Digest of Laws, Ordinances and Contracts of the City of Memphis 
(1902 Ed.), pages 765 to 782, inclusive, and also the following 


additional conditions, restrictions and stipulations: 


Industrial 
track to the 
Gulf Com- 
press Co., 
north of 
‘rigg avenue. 


Subject to 
prior con- 
tracts. 


300 


KANSAS CITY,.FT. SCOTT & MEMPHIS RAILWAY ET AL. 


To switch 
cars free 
—when 


Switching 
charge. 


Yo deliver 
all consign- 
ments of 
cotton to 
warehouses, 
ete. 


Sec. 13866. Said railways, their successors or assigns, shall, 
when called upon to do so, switch without charge all cars loaded 
with grain, flour, lumber, pig iron, cotton seed, cotter and all 
other classes of freight, to and from other railroads, industries, 
warehouses, persons, firms and corporations connected with or 
located on the tracks of these companies within the switch limits 
of Memphis, which freight comes in or is destined to go out over 


the lines of said railroads. 


Sec. 1867. Said railroads, their successors or assigns, shall 
jointly or separately receive, transport and switch all cars loaded 
with grain, flour, lumber, pig iron, cotton seed, cotton and other 
classes of freight offered by other railroads, or by industries, 
warehouses, persons, firms and corporations, within the switch 
limits of Memphis, upon the same basis of charges, upon equal 
and uniform Services and without discrimination, and shall 
charge no more therefor than $2 per car;. empty ears to be 


switched free. 


Sec. 1368. Said railways, their successors or assigns, shall, 
when requested to do so by shippers or consignees, deliver to 
and receive at their present depots and platforms, and to and 
from other compresses and warehouses located on tracks of these 
roads and those of connecting lines within the switch limits of 
Memphis, and deliver to warehouses and sheds within the dray- 
age limits of Memphis, all consignments of cotton which come 
in or are destined to go out over the tracks of these railways, 
and shall make no greater or less freight rates or switching 
charges on the same than is charged on shipments-of like char- 
acter to and from the compresses and warehouses to be served 
by the tracks herein referred to; provided, however, that these 
companies may not be required to deliver to or receive from con- 
necting railways, compresses and warehouses, cotton in cars, 


when less than sixteen bales are available for such movement. 


CITY ORDINANCES. 


901 


KANSAS CITY, FT. SCOTT & MEMPHIS RAILWAY ET AL. 


See. 1369. Said railways, their successors or assigns, shall 
rever permit any other railroad company to enter the City of 
Memphis over their tracks unless the railroad company so enter- 
ing shall have first made with the City of Memphis a valid and 
binding contract not to discriminate against the city, its shippers 


and citizens in the carriage of freight and passengers. 


Sec. 1370. 


which may be permitted by the said St. Louis & San Francisco 


These conditions shall apply to any and all railroads 


Railroad, or the Kansas City, Fort Scott & Memphis Railroad, 
by contract or otherwise, to use the tracks referred to, or which 


may in any way enjoy the benefits conferred by this ordinance. 


Sec. 1371. Said railways shall accept this ordinance in writ- 
ing, executed by the properly authorized officer or agent of said 
companies, and under the corporate seals thereof, within thirty 
days after its passage and approval, and upon such acceptance 
this ordinance shall constitute a contract between the City of 
Memphis and the St. Louis & San Francisco Railroad and the 


Kansas City, Fort Scott & Memphis Railroad. 


See. 1872. As a part of the consideration for the granting of 
this franchise the said St. Louis & San Francisco and the Kansas 
City, Fort Scott & Memphis Railroads shall, within ninety days 
from the passage of this ordinance, have Arkansas street between 
Georgia avenue and Wisconsin avenue (formerly Division street) 
paved with gravel, the work to be done under the direction of 
‘the City Engineer, and according to such requirements as may 


be prescribed by him. 


Sec. 1373. This grant is made subject to the will and pleasure 
of the Legislative Council of the City of Memphis, and is revok- 


able by said Council at its pleasure. 


1 Ordinance No. 5 passed August 8, 1908. 


Other rail- 
roads to 
use tracks 
—when 


Conditions 
apply to 
all rail- 
roads, 


ete. 


Stipulation. 


To pave Ar- 
kansas street. 


902 


CITY ORDINANCES. 


KANSAS CITY, FT. SCOTT & MEMPHIS RAILWAY ET AL. 


Track along 
Kansas 
avenue. 


Simpson 
avenue. 
Main street. 


Florida 
avenue. 


ORDINANCE NO. 6. 


FORT PICKERING RAILWAY COMPANY AND KANSAS CITY, FORT SCOTT & 
MEMPHIS RAILWAY. 


This contract, made this the 12th day of July, 1901, by and 
between the City of Memphis, party of the first part, the Fort 
Pickering Railway Company, party of the second part, and the 
Kansas City, Fort Scot€ & Memphis Railroad Company, party 
of the third part, WITNESSETH: 


That the first party hereby gives and grants to the third party, 
that is the Kansas City, Fort Scott & Memphis Railroad Company, 
the permission and right to extend its track along Kansas avenue 
ir said City of Memphis, commencing at a point seventy-five (75) 
feet north of the north line of McLemore avenue; thence south 
along the west side of Kansas avenue and parallel with what is 
known as the stockyard spur a distance of about six hundred 
(600) feet, and thence curving in a southeasterly direction across 
Ikansas avenue so as to make a junction with the railway of the 
Fort Pickering Railway Company at its western terminus on 
the east line of Kansas avenue. And the first party hereby gives 
and grants to the second party, the Fort Pickering Railway 
Company, the further right and permission to lay a single track 
commencing at a connection to be made with the track of the 
Yazoo & Mississippi Valley Railroad Company a short distance 
south of Simpson avenue, curving thence in a northwesterly 
direction across the south line of Simpson avenue and into said 
avenue, and thence in a western direction along Simpson avenue 
and across Main street extended, from which point the second 
party contemplates building its track in a westerly direction 
across Florida avenue into the property of the Wabash Screen 
Door Company west of said Florida avenue, and permission is 
hereby given to said second party to build and maintain said 


track across Florida avenue. 


CITY ORDINANCES. 


903 


KANSAS CITY, FT. SCOTT & MEMPHIS RAILWAY ET AL. 


The permission and privileges herein granted by the first 
party are given and granted upon the following conditions, which 


conditions shall be conditions precedent: 


First. The second party in laying its tracks along Simpson 
avenue, shall not use all of said avenue, but only such part 
thereof as is necessary for the operation of said single track 
hereinbefore permitted to be laid, and the second party shall 
always keep said avenue open for the accommodation and pass- 
age of vehicles and persons desiring to use said avenue, and 
.said track shall be laid on the south side of said Simpson 


avenue. 


Second. The second party shall allow any other railroad, 
corporation or individual, desiring to do so, to connect its or 
their tracks with the track laid by the second party in said 
Simpson avenue, and the second party agrees to handle or 
switch cars over said track in Simpson avenue at and for the 
usual switching charges at the time of such service, but in no 
event shall the charge for switching cars exceed the sum of 


two ($2.00) dollars per car. 


Third. Should any corporation, or person, build or establish 
any industry along the line of, or within reach of any part of the 
track of the second party, either by direct location on its lines, 
or accessible thereto by any other railroad connection therewith, 
then said second party agrees to handle cars over its line -to 
and from the tracks of the Kansas City, Fort Scott & Memphis 
Railroad Company, or any other railroad, and receive the same 
over or deliver to such industry cars at the usual switching 


charges prevailing at the time of such service, but in no event 


is the switching charge to exceed the sum of $2.00 per car. 


Fourth. The second party agrees and binds itself to conform 
to street grades whenever called upon to do so by the Mayor or 


City Engineer, and to keep its tracks laid in or across any of 


To lay only 
single track 
on Simp- 

son avenue. 


To be free 
track. 


To handle 
freight to 
other indus- 
tries along 
the line. 


Streets to be 
kept flush 
with surface 
of street. 


904 


CITY ORDINANCES. 


KANSAS CITY, FT. SCOTT & MEMPHIS RAILWAY ET AL. 


Paving. 


Maintain 
electric 
lights. 


Grant during 
will and 
pleasure of 
Council. 


City held 
harmless from 
damages. 


No warranty 
of title. 


Police 
power re- 
served. 


the streets heretofore mentioned flush with the surface of said 
streets and in first-class condition, so as not to obstruct or incon- 
venience free passage thereover, and the second party agrees to 
pave between its tracks with such material as the city shall use 


in paving the adjoining street. 


Fifth. The second party shall erect and maintain electric 
lights at the following points, to-wit: On South Main street, at 
the point where its line crosses said street, and on Florida avenue 
at a point where its line crosses said avenue; and on Kansas 


avenue at the western terminus of its line. 


BIXth. clo as are understood and agreed that all of the 
privileges, permissions and rights herein given by the city, or 
intended so to be, are given and granted to the Fort Pickering 
Railway Company and the Kansas City, Fort Scott & Memphis 
Railroad Company, solely during the will and pleasure of the 


Legislative Council of said City of Memphis. 


Seventh. The Fort Pickering Railroad Company and the Kan- 
sas City, Fort Scott & Memphis Railroad Company hereby obli- 
gate themselves to defend all stits or claims that may be 
brought against the City of Memphis on account of the con- 
struction, maintenance or operation of the railroad tracks which 
are herein permitted to be laid and operated, and they agree to 


hold the city harmless against all such suits and claims. 


” 


Eighth. It is expressly understood and agreed that the City of 
Memphis does- not warrant its right or power to make any ot 
the forgeoing grants, but the second and third parties take only 
such rights and privileges as the city has the lawful power 


to give. 


° Ninth. Nothing herein contained shall be construed as a 


waiver upon the part of the city with respect to the exercise of 


its police power over any of the tracks or property of the second 


CITY ORDINANCES. 905 


iis CHNT. AND ~¥>& My Vo Re RB. 


or third parties hereto, nor as a waiver or abridgement of any 


of the taxing powers of the city. 


Witness the hands and seals of the respective parties hereto, 
this the day and year above written. 
J. J. WILLIAMS, 
HU L. BRINKLEY, 
Fire and Police Commissioners. 
G. D. RAINE, 
EK. J. CARRINGTON, 
P. J. MORAN, .- 
E. C. GREEN, 
Pretie a Ty, 
THOS. CLARK, 
Board of Public Works. 
FORT PICKERING RY. CO. (Seal.) 
By E. M. KEMP, President. , 
EK. B. LEMASTER, Secretary the Fort Pickering 
Ry. Co. (Seal.) 
KANSAS CITY, FT. SCOTT & MEMPHIS R. R. Cu. 
By B. L. WINCHELL, President. (Seal.) 


ARTICLE 89. 
ILLINOIS CENTRAL RAILROAD AND THE YAZOO & MISSISSIPPI 
VALLEY RAILROAD. 
ORDINANCE NO. 1. 

Sec. 13874. Be it ordained by the Legislative Council of the 
City of Memphis, That the Illinois Central Railroad Company 
be, and is hereby, granted the permission and right to construct 
and operate railroad tracks in the City of Merphis over and 


along the following route: 


A track diverging (at or near the intersection of the center ee into 
: Linden 


line of Pontotoc street with the eastern margin of Tennessee ‘tation. 


street) from the existing sidetrack now laid along the eastern 


906 


CITY ORDINANCES. 


YAZOO & MISSISSIPPI VALLEY RAILROAD. 


Linden street. 


Pontotoc 
street. 


‘Tennessee 
street. 


Stipulation. 


Calhoun 
street. 


margin of Tennessee street; thence running in a northeasterly 
direction along and across Pontotoc and Tennessee streets into 
the private property of the Linden Station Company, with the 
right to shift eastwardly about four (4) feet, more or less, said 
existing sidetrack at and near said point of divergence, provided 
ithe said track shall be located, constructed and operated so as 
not to materially interfere with the operation of the said exist- 
ing sidetrack by any company which may now have the right 
to operate said existing sidetrack; also two tracks across Linden 
street between Tennessee street and Clinton street, so as to con- 
nect with the proposed tracks of the Linden Station; all of which 
is more definitely shown by the lines in red on blue print attached 
to this ordinance, and made a part hereof as “Exhibit A,” pro: 
vided the rights and privileges hereby granted are eranted sub- 


ject to the will and pleasure of the Legislative Council. 


Sec. 1375. This ordinance shall be accepted in Spee by the 
Illinois Central Railroad Company within ten (10) days after its 
passage and approval, and upon such acceptance this ordinance 
shall constitute a contract between the City of Memphis and the 
Illinois Central Railroad Company. This grant shall be void 


it not accepted as just provided. 


ORDINANCE NO. 2. 

Sec. 1876. Be it ordained by the Legislative Council of the 
City of Memphis, That the Yazoo & Mississippi Valley Railroad 
Company, its successors and assigns, be, and are hereby, granted 
the right to construct and operate a railroad track across Cal- 
houn street, said point of crossing being about one hundred and 
eighty-four feet west of the west margin of Shelby street. But 


this grant is made subject to the following conditions: 


First. That the track be so located that the east rail shall 


not be nearer than seven feet to the building of Mr. P. Pidgeon, 


1 Ordinance No. 1 passed September 27, 1905. 


CITY ORDINANCES. : 907 


YAZOO & MISSISSIPPI VALLEY RAILROAD. 


and that any interference with the natural drainage caused by 
the construction of said track shall be so taken care of by the 
Yazoo & Mississippi Valley Railroad Company as not to injure 


the premises of Mr. P. Pidgeon. 


Second. That the Yazoo & Mississippi Valley Railroad Com- pee 
pany shall, at its own expense, construct and maintain the said 
track, including the crossings of the tracks of the Memphis 
Street Railway, and that the said track crossings shall be con- 
structed under the supervision of the City Engineer, and in a 


manner approved by him. 


Third. That the Yazoo & Mississippi Valley Railroad Company Paving. 
shall, at all times, maintain the said crossing, and the paving 


therein, in first-class condition. 


Fourth. That the Yazoo & Mississippi Valley Railroad Coin- Gate flagman. 
pany shall construct and maintain across the said track a gate 
on the south side of Calhoun street, and the said gate shall be 
kept closed and locked, except that it may be opened for the 
passage of cars across the north side of Calhoun street, and, 
when so opened, a flagman shall be placed in the center of said 
street to warn vehicles and street cars of the approach of the 
train. 
Fifth. That said track shall only be used for the continuous Leer raph 
passage of cars and engines without stopping from one side of 
Calhoun street to the other, and that said street shall not be 


blocked by the stopping of cars and engines on the street. 


Sixth. This grant is made subject to the will and pleasure Limitation. 


of the Legislative Council of the City of Memphis." 


1 Ordinance No. 2 passed April 17, 1906. 


908 


CITY ORDINANCES. 


TENNESSEE COTTON. OIL CO.—ILL. CENT. R. R. 


Track across 
Adams _ street. 


Conditions. 


Limitations. 


Clinton 
street, from 
Gayoso to 
Union. 


9 


ORDINANCE NO. 3. 
TENNESSEE COTTON OIL COMPANY. 

Sec. 1377. Be it ordained by the Legislative Council of the 
City of Memphis, That the Tennessee Cotton Oil Company, a 
corporation chartered under the laws of the State of Tenrressee, 
be, and is hereby, granted. permission and given the right to 
construct and operate a sidetrack for commercial, steam engine 
and cars across Adams street at the intersection with Promenade 
street, the said sidetrack to be constructed just west of the Frisco 


Railroad, on Adams street. 


Sec. 1378. The above permission is granted subject to the 


following conditions: 


First. The track is to be laid in accordance with the grades 
fixed by the Engineer, and in such manner as not to interfere 
with the passage of vehicles along Adams street and crossing 


said track. 


Second. Said Tennessee Cotton Oil Company is granted the 
permission to maintain said track subject to the will and pleas- 
ure of the Legislative Council of the City of Memphis, and shall 
remove the same within twenty days after written notice given 


to do so.* 


ORDINANCE NO. 4. 

Sec. 1879. Be it ordained by the Legislative Council of the 
City of Memphis, That the Illinois Central Railroad Company is 
hereby granted the right to construct and operate a sidetrack, 
beginning at a point in the present Illinois Central Railroad side- 
track on the east margin of Clinton street, and about thirty-five 


(35) feet south of the south margin of Gayoso street extended, 


-and extending north along the east margin of Clinton street about 


1 Ordinance No. 38 passed July 16, 1908. 


CITY ORDINANCES. 


Cape Day ke (oe INC. 


two hundred and sixty (260) feet to an eight (8) foot alley lying 


between Gayoso street and Union street. 


Said sidetrack is herein shown in red on the blue print hereto 


attached, marked “Exhibit A,’ and made a part hereof. 


Sec. 1380. The right to lay and maintain said sidetrack is at 
the will and pleasure of the Legislative Council, and the same 
shall be constructed under the supervision of the City Engineer 


and to his satisfaction.’ 


ARTICLE 90. 
CILICAGO, ST. LOUIS & NEW ORLEANS RAILROAD COMPANY, ET AL. 
ORDINANCE NO. 1. 

Sec. 1381. Be it ordained by the Legislative Council of the 
City of Memphis, That the Chicago, St. Louis & New Orleans 
Railroad Company, the Yazoo & Mississippi Valley Railroad Com- 
pany, and the Louisville & Nashville Railroad Company, their 
successors and assigns, be, and they are hereby, granted the right 
to construct and operate a sidetrack or switch upon the north 
margin of Trezevant street and across Clinton street, as follows: 
Beginning at a point two feet south of the north line of Treze- 
vant street at the northwest intersection of Trezevant street and 
Shelby street, in the City of Memphis, extending thence in a 
westerly direction parallel with the north line of Trezevant 
street and upon the north side of said Trezevant street to Clinton 
street, extending thence across said Clinton street, tending to the 
north so as to enter the southeast corner of the property sit- 


uated at the northwest corner of Trezevant and Clinton streets. 


Said sidetrack or switch is more definitely shown by red lines 
appearing upon the blue print attached hereto, marked “Exhibit 


A,” and made a part hereof. 


1 Ordinance No. 4 passed July 24, 1908. 


909 


R. KR. ET AL. 


Limitation. 


Trezevant 
street. 


910 


CITY ORDINANCES. 


OP SIRs lua ire Nin Os nDEQ nis 5 gE 0h, SACK 


Conditions. 


Limitation. 


Stipulation. 


Carolina 
street. 


Sec. 1382. The rights and privileges provided for in Section — 
1 of this ordinance are granted upon the following. conditions, — 


to-wit: 


First. That the sidetracks or switch provided for in Section 1 
shall be and become part of the track constructed under a con- 
tract dated June 21, 1880, between the Taxing District of Shelby 
County and the Mississippi & Tennessee Railroad Company, and 
Shall become subject to all the terms of said contract, except 
that the right to lay said track and to maintain the same, as 
herein provided, is granted subject to the will and pleasure ot 


the Legislative Council of the City of Memphis. 


Second. That the said railroad companies, their successors 
and assigns will, upon sixty (60) days’ written notice from the 
Legislative Council of the City of Memphis, remove said tracks 


or switch. 


Third. That the City Engineer shall have full control of and 
supervision over the work, paving and laying of tracks, and that 


the same shall be done to his entire satisfaction. 


Fourth. That no part of this ordinance shall become effective 
until it has been duly accepted in writing by said railroad com- 
panies, through their duly authorized agents, which written 
acceptance shall be filed with the City Register within thirty 


(30) days from the date of its final passage.* 


ORDINANCE NO. 2. 

Sec. 1383. The Chicago, St. Louis & New Orleans Railroad 
Company, its successors and assigns, are hereby authorized to 
construct and operate two railroad tracks across Carolina street, 
between Main street and Texas avenue, said tracks being located 
east of the present tracks crossing Carolina street and west of the 


warehouse recently constructed by the Chicago, St Louis & New 


1 Ordinance No. 1 passed September 17, 1908. 


CITY ORDINANCES. 


911 


MEMPHIS TERMINAL COMPANY. 


Orleans Railroad Company, which warehouse abuts on the west 
side of Main street, and extends from Georgia street to Carolina 


street. 


Sec. 1384. The rights and privileges herein granted are granied 


subject to the following conditions and restrictions: 


First. That the tracks are to be laid under the supervision 


of the City Engineer. 


Second. That this grant is made subject to the conditions, 
limitations and restrictions of the contract of said railroad com- 


pany with the City of Memphis. 


Third. That this grant is made subject to the will and pleas- 


ure of the Legislative Council of the City of Memphis.’ 


ARTICLE 91. 
MEMPHIS RAILROAD TERMINAL COMPANY. 
ORDINANCE NO. 1. 

AN ORDINANCE to be entitled “An ordinance granting certain 
BEhiR privileges and franchises in the City of Memphis, Ten- 
nessee, to the Memphis Railroad Terminal Company, for the 
purpose of constructing, operating and ‘maintaining within 
the corporate limits of said city passenger stations and termi- 


nats.”’ 


Sec. 1385. Subsection 1. Be it ordained by the Legislative 
Council of the City of Memphis, Tennessee, That the Memphis 
Railroad Terminal Company, a corporation organized and char- 
tered under the laws of the State of Tennessee (hereinafter in 
this ordinance called Terminal Company), be, and is hereby, 
authorized and empowered to construct, operate and maintain 
within the corporate limits of the City of Memphis, Tennessee, 
passenger stations, comprising passenger depots, office buildings, 


1 Ordinance No. 2 passed February 13, 1906. 


Limitations. 


Franchise. 


Union pas- 
senger station 
and terminals. 


hie CITY ORDINANCES. 


MEMPHIS TERMINAL : COMPANY. 


sheds, storage yards, roundhouses and machine shops; also such 
main and sidetracks, switches, crossovers, turnouts and other 
terminal railroad facilities, appurtenances and accommodations, 
suitable in size, location and manner of construction to perform 
promptly and efficiently the work of receiving, delivering, trans- 
ferring and moving all passengers and passenger traffic of the 
railroad companies with which it may enter into contracts, for 


the use of its said terminal facilities. 


Subsec. 2. Be it further ordained, That, insofar as the con- 
struction, operation and maintenance of the said passenger sta- 
‘tion, depots, office buildings, sheds, storage yards, warehouses, 
machine shops, roundhouses, main and _ sidetracks, switches, 
crossovers, turnouts and other termina! railroad facilities, appur- 
tenances and accommodations may affect the streets, avenues, 
alleys and public grounds, ways and places in the City of Mem- 
phis, that the said rights, privileges and franchises are subject 
to the requirements, limitations, conditions and restrictions as 
may hereinafter in this ordinance be provided for and imposed 


upon said Terminal Company. 


Subsec. 8. Be it further ordained, That the Memphis Railroad 
Terminal Company is hereby granted the following rights, privi- 
leges and franchises relative to the hereinafter public streets, 
avenues, alleys, highways and public grounds, ways and places 
in the City of Memphis, Tenn., to-wit: 

pdisns 1. Indiana Street—Grade Crossing. The Terminal Company 
is given and granted the right, privilege and permission to cross 
Indiana street with two railroad tracks at grade, between Vir- 
ginia avenue on the north and Iowa avenue on the south, and 
south of the existing railroad tracks now crossing Indiana street 
between Virginia avenue and Iowa avenue. The grade of the 
base of the rails of the Terminal Company’s tracks to be approx1- 


mately one hundred and seventy-six and one-half (17614) feet, 


CITY ORDINANCES. 


913 


MEMPHIS TERMINAL COMPANY. 


city datum; and the grade of said street to be changed to make 
the approaches to said grade crossing of easy access to the trav- 


eling public. 


2. Arkansas Street—Grade Crossing. The Terminal Company 
is given and granted the right, privilege and permission to cross 
Arkansas street, at grade, with two railroad tracks, between 
Virginia avenue on the north and Iowa avenue on the south, 
and south of the existing railroad tracks, crossing Arkansas 


street between Virginia avenue and Iowa avenue. 


The Terminal Company is given and granted the right and 
permission to change the present grade of Arkansas street, so 
as to elevate the same at the place where the railroad tracks of 
the Terminal Company shall cross Arkansas street, so that the 
base of the rails of said track shall be approximately at an 
elevation of one hundred and seventy-five and twenty-five one hun- 
dredths (175.25) feet, city datum, and to change the grade of 
said street from the north line of Iowa avenue, so as to make 
the approaches to said grade crossings of easy access to the 


traveling public. 


Provided, however, that, whenever the City of Memphis shall 
require the Kansas City & Memphis Railway & Bridge Company 
to provide for a separation of the grade of its tracks and Arkan- 
gas street, that the Terminal Company shall be required, and 
nereby agrees and obligates itself to provide for a separation of 


the grade at said street. 


3. Louisiana Street—Closed. The Terminal Company is 


hereby given and granted the right, privilege and permission to 
cross Louisiana street with two or more railroad tracks between 
Virginia avenue and Iowa avenue, and south of the existing rail- 
road tracks now crossing Louisiana street between Virginia ave- 


nue and Iowa avenue. 


Arkansas 
street. 


Change 
grade. 


Separation 
of grade. 


Louisiana 
street. 


914 


CITY ORDINANCES. 


MEMPHIS TERMINAL COMPANY. 


Alleys closed. 


Separate 
grade of 
tracks. 


To pave 
and curb. 


Pennsyl- 
vania avenue. 


Clearance. 


Louisiana street south of the southern line of the right of 
way of the Kansas City & Memphis Railway & Bridge Company 
to the north line of Iowa avenue, and all the existing public and — 
private alleys between Arkansas street on the west, and Louis- 
iana street on the east, and south of the southern boundary. 
of the right of way of the Kansas City & Memphis Railway & 
Bridge Company to the north line of Iowa avenue, are hereby 
vacated and closed, and the Terminal Company is granted per- 


mission to cross the same with two or more railroad tracks. 


Provided, however, that whenever the City of Memphis shall 
require the Kansas City & Memphis Railway & Bridge Company 
to separate the grade of its tracks across Louisiana street, the 
Terminal Company shall be required to reopen Louisiana street 
as hereinbefore ordered closed, and to provide a separation of 
grade of Louisiana street and the tracks of the Terminal Com- 


pany. 


The Terminal Company is granted the permission to change 
the grade of Louisiana street as it at present exists, not exceed- 
ing two (2) feet, and when said street is reopened, as herein 
provided, the Terminal Company shall pave and curb said aireet 
from the north line of Iowa avenue to the south line of the 
right of way of the Kansas City & Memphis Railway & Bridge 


Company. 


4. Pennsylvania—Overhead Crossing. The Terminal Company 
is authorized, and is granted the right, privilege and permission 
to cross Pennsylvania avenue with two or more railroad ak 
by overhead crossing between the south boundary of the right 
of way of the Kansas City & Memphis Railway & Bridge Com- 


pany and the north line of Iowa avenue. 


The Terminal Company is required to construct and maintain 


over Pennsylvania avenue a structure of steel or reinforced con- 


CITY ORDINANCES. 


915 


MEMPHIS TERMINAL COMPANY. 


crete, so as to provide a clearance of fourteen feet and six inches 
(1414); the abutment of said structure to be placed on the prop- 


erty line. and the columns or supports upon the curb line. 


The Terminal Company is granted the right, privilege and 
permission to change the present grade of Pennsylvania avenue 
between the north line of Iowa avenue and the south boundary 
line of the Kansas City & Memphis Railway & Bridge Company, 
the same not to exceed one and one-half (114) feet, and the 
maximum grade of Pennsylvania avenue is not to exceed four (4) 
per cent., and is required to replace said street, curbing and 
sidewalk in as good condition as the same are at the present 


time. 


The existing public and private alleys, ways and places be- 
tween Louisiana avenue and Pennsylvania avenue, and south of 
the southern boundary line of the right of way of the Kansas 
City & Memphis Railway & Bridge Company, and north of the 
north line of Iowa avenue, are hereby vacated and closed, and 
the Terminal Company is granted and given permission and 
authority to occupy and cross the same with two or more rail- 


road tracks. 


5. Kansas Avenue—Overhead Crossing. The Terminal Com- 
pany is given and granted the right, privilege and permission 
to cross Kansas avenue by overhead crossing with two or more 
railroad tracks, at a point south of the right of way of the 
Kansas City & Memphis Railway & Bridge Company, and north 


_ of the north line of Iowa avenue. 


The Terminal Company is required to construct and maintain 
for its said overhead crossings a structure of steel or reinforced 
concrete: the abutments may be placed on the property line, 
and the columns or supports upon the curb line, so as to pro- 


vide a minimum clearance between the top of the rail of the 


Change of 
grade. 


Alleys 
closed. 


Kansas 
avenue. 


Clearance, 


916 


CITY ORDINANCES. 


MEMPHIS TERMINAL COMPANY. 


Alleys 
closed. 


Change grade. 


Kentucky. 
avenue. 


Clearance. 


railroad tracks on Kansas avenue, an overhead structure of 


twenty-one (21) feet. 


The Terminal Company is also granted permission to occupy 
and cross with two or more tracks all existing public or private 
alleys, public ways and places between Pennsylvania avenue and 
Kansas avenue, and south of the south line of the rene of way 
ot the Kansas City & Memphis Railway & Bridge Company, and 
north of the north line of lowa avenue, and the same ane hereby 


vacated and closed between the points above mentioned. 


The Terminal Company may make such changes in the present 
grade of Kansas avenue, not to exceed one foot, as may be nec- 
essary between the north line of Iowa avenue and Virginia ave- 
nue; provided the maximum grade of Kansas avenue, as changed, 


shall not be more than 2 per cent. 


The Terminal Company -is required to restore Kansas avenue 
in as good condition as it is at the present time, as to the side- 


walks, curbing and paving. 


6. Kentucky Avenue—Overhead Crossing. The Terminal 
Company is authorized to cross, and the right, privilege and per- 
mission is hereby granted to it, to cross Kentucky avenue by 
overhead crossing, with two or more railroad tracks between the 
north line of Iowa avenue and one hundred and fifty (150) feet 


north of the north line of Iowa avenue. 


In order to provide for its said overhead crossing, the Terminal 
Company is required to construct and maintain a structure of 
steel or reinforced concrete so as to provide a minimum clearance 
between the top of the rail of the existing railroad tracks in 
Ikentucky avenue and the bottom of said overhead structure of 
twenty-one (21) feet. The abutments of said structure may be 
placed upon the property line and the columns or supports upon 


the curb line. 


CITY ORDINANCES. 


917 


MEMPHIS TERMINAL COMPANY. 


e 

The Terminal Company is authorized to make such changes 
in the present grade of Kentucky avenue, between the north line 
of Iowa avenue and Virginia avenue, not to exceed one foot, as 
may be deemed necessary; provided, the maximum grade of 
Kentucky avenue, as changed, shall not at any place exceed 2 
per cent., and is required to restore said avenue in as good con- 
dition as it at present exists, both as to curbing, sidewalks and 


paving. 


Permission is also granted to the said Terminal Company to 
occupy and cross with two or more railroad tracks all interven- 
ing public and private alleys between Kansas avenue on the west 
and Kentucky avenue on the east, between the north line of 
Iowa avenue and a line parallel thereto lying one hundred and 
fifty (150) feet north thereof, and between said points the said 


alleys are hereby vacated and ordered to be closed. 


7. Florida Avenue—Overhead Crossing. The Terminal Com- 
pany is authorized to cross, and is granted the right, privilege 
and permission to cross, Florida avenue by overhead crossing 
with two or more tracks, between the north line of lowa avenue 
on the south and a point one hundred and fifty (150) feet north 


of the north line of Iowa avenue. 


The Terminal Company is required to construct and maintain 
for its overhead crossing a structure of steel or reinforced con- 
crete, so as to provide a minimum clearance of eighteen (18) 
feet, the said surface of Florida avenue not to be disturbed, 
and may place the abutments of the same upon the property line, 


and columns or supports upon the curb line. 


Permission is also granted to it to occupy and cross with two 
or more tracks, all intervening public and private alleys be- 
tween Kentucky avenue and Florida avenue, and the same are 


hereby vacated and ordered to be closed, between the north line 


Grade. 


Alleys 
closed. 


Florida 
avenue, 


Clearance. 


Alleys 
closed. 


918 


CITY ORDINANCES. 


MEMPHIS TERMINAL COMPANY. 


Texas avenue. 


Clearance. 


Alleys closed. 


Main street. 


of Iowa avenue on the south, and a line parallel thereto and 


one hundred and fifty (150) feet north thereof. 


8. Texas Avenue, or Street—Overhead Crossing. The Termi- 
nal Company is hereby authorized and is granted the right, privi- 
lege and permission to cross Texas avenue by overhead crossing 
with two or more railroad tracks north of the north line of 
Iowa avenue, and south of a point in Texas avenue, one hundred 


and fifty (150) feet north of the north line of lowa avenue, 


The Terminal Company is required to construct and maintain 
for its said overhead crossing a steel or reinforced concrete via- | 
duct so as to provide a minimum clearance of twenty-one (21) 
feet, provided that, in the event the City of Memphis shall re- 
quire the Illinois Central Railroad Company to elevate its tracks, 
that the Terminal Company shall be required to make said clear- - 
ance twenty-three and three-quarters (23%) feet, the abutments 
of which may be placed upon the property line, with such col- 
umns and structures in the street as will not interfere with the 
use of said street (where not occupied by railroad tracks), by 


the traveling public. 


It is also granted the right to occupy and cross with two or 
more tracks the existing public and private alleys between Flor- 
ida avenue on the west and Texas avenue on the east, between 
the north line of Iowa avenue and a line drawn parallel thereto 
and one hundred and fifty (150) feet north thereof, and same 


are hereby vacated and closed. 


9. Main Street—Overhead Crossing. The Terminal Company 
is given and granted the right, privilege and permission to cross 
Main street by overhead crossing with two or more railroad 
tracks, between the north line of Iowa avenue on the south and 
a point in Main street two hundred (200) feet north of the 


north line of Iowa avenue. 


CITY ORDINANCES. 


919 


MEMPHIS TERMINAL COMPANY. 


The Terminal Company is required to construct and maintain 
for its overhead crossing a steel or reinforced concrete viaduct, 
so as to provide a minimum clearance of twenty-one (21) feet, 
and abutments may be placed upon the property line, with col- 


umns or supports upon the curb lines. 


The Terminal Company is required to widen Main street 
through the property of said company to a uniform width of 
sixty (60) feet; columns supporting the superstructure may be 


placed upon the curb line. 


10. Michigan Avenue—Closed. The Terminal Company is 
granted the privilege and permission to cross Michigan avenue 
with four or more railroad tracks between the north line of lowa 
avenue on the south and the south line of Virginia avenue on 
the north; and Michigan avenue, between Virginia avenue and 


Iowa avenue, is hereby vacated and ordered closed. 


11. Iowa Avenue—Overhead Crossing. The Terminal Com- 
pany is given and granted the right, privilege and permission 
to cross Iowa avenue with two or more tracks by overhead cross- 
ing, between the west line of Main street extended across [owa 
‘avenue and the east line of Michigan avenue extended south 


across Iowa avenue. 


In order to provide for its overhead crossing, the Terminal 
Company is required to construct and maintain a structure of 
steel or reinforced concrete, so as to provide a minimum clear- 
ance of fourteen and one-half (1414) feet; the abutments of which 
may be placed upon the property line, and the columns or sup- 
ports upon the curb line, and the grade line of Iowa avenue may 
be lowered at said point of crossing not to exceed three and 


one-half (314) feet, if found necessary. 


12. Rayburn Avenue—Overhead Crossing. The Terminal Com- 
pany is granted the right, privilege and permission to cross Ray- 
burn avenue between the south line of Virginia avenue on the 


’ 


Clearance. 


To widen 
street. 


Michigan 
avenue. 


Iowa avenue. 


Clearance. 


Rayburn 
avenue. 


920 


CITY ORDINANCES. 


MEMPHIS TERMINAL COMPANY. 


Clearance. 


Grade. 


Alleys closed. 


South 
street, 


Third 


north and the north line of the alley between Iowa avenue and 


Virginia avenue on the south, with five or more railroad tracks. 


In order to provide for the overhead crossing, the Terminal 
Company is required to construct and maintain two structures 
of steel or reinforced concrete, so as to provide a minimum 
clearance of fourteen and one-half (1414) feet, the abutments of 
which structures may be placed upon the nigueree lines, and 


the columns or supports upon the curb lines. 


The Terminal Company is given and granted the right, privi- 
lege and permission to change the present grade of Rayburn 
avenue so as to make the maximum descending grade from the 
south to the lowest point not exceeding five (5) per cent., and the 
ascending grade from the lowest point north not exceeding four 
(4) per cent. The Terminal Company is required to restore the 
paving on Rayburn avenue, and also the sidewalks and curbs, and 
is to place the same in as good condition as they are at present. 
Grade of Virginia avenue is to be changed to make connection 


with changed grade of Rayburn avenue. 


It is also given and granted the privilege and permission to 
occupy and cross all public and private alleys with six or more 
tracks between Main street on the west, Rayburn avenue on the 
east, Virginia avenue on the north, and Iowa avenue on the south, 
and all such alleys embraced within said boundaries are hereby 


vacated and ordered to be closed. 


13. South Third Street (formerly Poston Avenue) and South 
Fourth Street (formerly Davie Avenue)—South Third Street 
with Overhead Crossing; South Fourth Street Closed. The ‘l'er- 
minal Company is granted the right, privilege and permission 
to cross South Third street (formerly Poston avenue) and South 


Fourth street (formerly Davie avenue), with such main tracks, 


‘sidetracks, Switches, drill tracks, turnouts, crossovers and other 


CITY ORDINANCES. 


va 


MEMPHIS TERMINAL COMPANY. 


tracks as may be necessary between the north line of lowa ave- 
nue on the south and a line parallel to the north line of Iowa 
avenue and distant from and north thereof four hundred and 
seventy (470) feet, and between said line as the north boundary 
line and the north boundary line of Iowa avenue as the south 
boundary line, the Terminal Company is granted permission to 
close South Fourth street, and the same, when so closed, is hereby 
declared vacated by the city, and the Terminal Company may 


occupy same. 


The Terminal Company is required to cross South Third street 
(formerly Poston averay with an overhead structure of steel 
or reinforced concrete, which they shall construct and maintain, 
with abutments that may be on the property line and columns 
or supports on the curb line, so as to give a minimum clearance 
between the street and structure of fourteen (14) feet and six 
(6) inches, and is permitted to change the grade of South Third 
street (formerly Poston avenue) to conform to the new grade 
otf Iowa avenue, so as to make the new grade of South Third 
street from Iowa avenue to Virginia avenue, extended, practi- 


eally level. 


All existing public and private ways, alleys and places be- 
tween Rayburn avenue (boulevard) on the west and South Third 


street on the east, north of Iowa avenue and south of Virginia 


avenue and Virginia avenue extended, to South Third street, are’ 


hereby vacated and ordéred to be closed, and the Terminal Com- 
pany is given and granted the right, privilege and permission to 
cross and occupy the same with its tracks, switches, turnouts, 


crossovers and signals. 


The Terminal Company agrees to pay the City of Memphis, 
for the purpose of opening a new street from the south line of 
Georgia street, south of the intersection of DeSoto street to 


where Third street, if extended north across Railroad avenue, 


South Fourth 
street closed. 


South Third 
street. 
Clearance. 


Alleys closed. 


To open 
street from 
Georgia to 
Railroad 
avenue, 


. 


922 


CITY ORDINANCES. 


MEMPHIS TERMINAL COMPANY. 


South Well- 
ington street. 


would intersect the north line of Railroad avenue, the sum of 


fifteen thousand dollars ($15,000.00). 


14. South Wellington Street (formerly LaRose Street), Closed; 
South Lauderdale Street Closed; Driver Street (formerly Canno- 
van Street), Improved and Widened with Overhead Crossing; and 
Dutro. Place, Extended, Opened and Improved. The Terminal 
Company is given and granted the riche, privilege and permis- 
sion to close South Wellington street (formerly LaRose street), 
from a point one hundred and sixty-six (166) feet south of the 
south line of Iowa avenue, as it now exists, measured along South 
Wellington street, north to the south line of Broadway, and to 
occupy and cross the same with such number of main, side, 
switch, drill and other tracks, crossovers and turnouts as may 
be necessary, and to erect thereover such train sheds, platforms, 
buildings and other improvements as the Terminal Company may, 
in its judgment and discretion, from time to time determine to 
be necessary or desirable to the proper construction, development 


and operation of its said terminal facilities. 


The above grant of right, privilege and permission to so close 
South Wellington street, and to occupy the same is, however, 
subject to the rights of the Memphis Street Railway Extension 
Company, or its assigns, the Memphis Street Railway Company, 
to occupy the said South Wellington street (formerly LaRose 
street), with its tracks, poles, wires, etc., and to operate its car 
service thereover, as provided in the Memphis Street Railway 
Extension Company’s contract ordinance, passed final reading 
in the Legislative Council of the City of Memphis, February 22, 
1905; provided, further, that in the event that before the above 
mentioned grant to the Terminal Company to close and occupy 
said South Wellington street (formerly LaRose street) be ac- 
cepted, then the Legislative Council of the City of Memphis agrees 


and binds itself to pass a valid ordinance granting to the Mem- 


CITY ORDINANCES. 


923 


MEMPHIS TERMINAL COMPANY. 


phis Street Railway Company the franchise right to occupy with 
its tracks, poles, wires, etc., and its car service, the following 


route, to-wit: 


Commencing at the angle in South Wellington street (formerly 
LaRose street), as now existing, approximately ——— feet south 
of Georgia avenue; and thence in a southeasterly direction on 
and over the sixty (60) foot street, as provided for in Section 3, 
Subsection 14, of this ordinance, the east line of which shall 
be the continuation of the present east line of South Wellington 
street (formerly LaRose street) from Georgia avenue to the angle 
above mentioned, to South Driver street, as located, widened 
and improved under the above mentioned provisions of this ordi- 
nance; thence south on said South Driver street to Alston avenue; 
thence west on Alston avenue to South Wellington street, with the 
right to construct such necessary curves, switches, turnouts, etce., 
as may be required in the operation of said tracks, under the 
‘same terms and conditions, and for the same period of time as 
set forth in the contract ordinance of the Memphis Street Rail- 
way Company, passed final reading November 20, 1895, as found 
in Watkins’ Digest of the laws of the City of Memphis, on pages 
481 to 489, inclusive, except that the Terminal Company be obli- 
gated to bear the whole expense of the original paving required 
upon that portion of said Driver street it is required to pave, the 
whole width of as is set forth above in this section of the ordi- 
nance, and that the Memphis Street Railway Company is relieved 
of this obligation as to said original paving, but not as to the 
maintenance of same in the proposed ordinance granting it rights 
of way on this street, in lieu of its present rights of way on said 
South Wellington street, closed, as aforesaid; then, and in that 
event, the right, privilege and permission above granted to the 
Terminal Company to close and occupy South Wellington street 


shall not be deemed to infringe upon the rights of the Mem- 


South 
street. 


Driver 


924 


MEMPHIS 


Lauderdale 


street. 


Driver 


street. 


CITY ORDINANCES. 


TERMINAL COMPANY. 


phis Street Railway Company, and the closing and occupation 


of said street shall not be subject to said rights. 


The Terminal Company is also given the right, privilege and 
permission to close Lauderdale street between the north line 
of Iowa avenue and a point three hundred and fifty (350) feet 
south of the south line of Broadway, measured on Lauderdale 
street, and to cross the same with such main, side, switch, drill 
and other tracks, crossovers and turnouts as said company, in 
its judgment and discretion, may determine to be necessary or 
desirable for the proper construction, development and operation 
ot .its said terminal facilities, and Lauderdale street, between 
the points above named, and South Wellington street, between 
the points above named, are hereby declared to be vacated and 


closed. 


The Terminal Company is also given and granted the right, 
privilege and permission to cross Driver street between Iowa 
and Broadway, as the same is required to be changed and im- 
proved in this ordinance, with such number of main, side, switch, 
drill and other tracks, crossovers and turnouts as the said com- 
pany may, in its judgment and discretion, determine to be nec- 
essary or desirable for the proper construction, development 
and operation of its said terminal facilities, the said crossing to 
be by an overhead structure which shall be constructed and main- 
tained by the Terminal Company, the clearance of which is to be 
fourteen (14) feet and six (6) inches between the top of the 
1ail of the street car track of the Memphis Street Railway Com- 
pany, to be placed upon said Driver street in the bottom of said 
overhead structure, and which overhead structure is to be con- 
structed of steel or reinforced concrete, the abutments of which 
are to be placed on the property and the columns on the curb 
line, 


The Terminal Company is permitted to close, use and occupy 


- with its tracks, switches, turnouts, crossovers and other terminal 


CITY ORDINANCES. 


925 


MEMPHIS TERMINAL COMPANY. 


facilities the east twenty (20) feet of Driver street, between the 
south line of Broadway and the north line of Iowa avenue, and 
the said twenty (20) feet off of the east side of Driver street is 
to be conveyed by the Mayor of the City of Memphis, by deed 
duly Perduwiedecd and executed, to the Terminal Company, for 


its uses and purposes, as aforesaid. 


In consideration of the closing of South Wellington and Laud- 
erdale streets, as above provided, the conveyance to the Terminal 
Company of the portions of said street so closed, and the con- 
veyance to the Terminal Company of the east twenty (20) feet 
ot Driver street, as above provided, the Terminal Company is 
to widen and improve Driver street by opening, dedicating and 
deeding to the city a strip of land forty (40) feet wide, adjoin- 
ing Driver street on its west side, as it at .present exists, and 
extending from the north line of Iowa avenue to the south line 
of Broadway, so as to make the street sixty (60) feet wide, which 


is to be paved and curbed by the Terminal Company, and which 


is to be carried under the said tracks and improvements of the 


Terminal Company, as above provided. The Terminal Company 
is also required to provide a subway for Driver street, under 
Broadway, or Railroad avenue, for its full width of sixty (30) 
feet, which said subway is to be constructed of reinforced con- 
crete or steel girders upon concrete foundation; the paving of 
Driver street above mentioned shall be of vitrified brick, and 


shall be carried to the north line of Railroad avenue. 


The Terminal Company is also required to open a new strevi, 


being an extension or continuation of Dutro Place, from Lauder- 


dale street west to Driver street, as changed in this ordinance, 


which said extension of Dutro place is to be forty (40) feet 
wide, and to be of the same character as Driver street at the 


present. 


Driver street 
widened and 
improved. 


Subway for 
Driver street. 


To open a 
new street, 


926 


CITY ORDINANCES. 


MEMPHIS TERMINAL COMPANY. 


Alleys closed. 


To open and 
improve 
Driver street. 


All existing public and private alleys, public ways and places 
not hereinbefore provided for between Henderson place (for- 
merly McKinney street) on the east, and South Third street 
(formerly Poston street) on the west, except as hereinbetore kept 
open, are hereby vacated and ordered closed; and the Terminal 
Company is given and granted the right, privilege and permission 
to occupy the same with such turnouts, crossovers and ocvher 
tracks and improvements as the said Terminal Company, in its 
judgment, may determine to be necessary or desirable to the 


proper development and operation of its said terminal facilities. 


The Terminal Company is required to open and improve Driver 
street north of East Railroad avenue, by extending the street 
provided for south of Railroad avenue, of a uniform width of 
sixty (60) feet northwardly until the same is intersected - by 
the southeasterly extension of the present east line of South 
Wellington street, as it runs south from East Georgia street, 
so as to make a street uniformly sixty (60) feet wide, from 
Alston avenue on the south to the connection with South Wel- 
lington street on the north, with an angle of approximately 
thirty-six (36) degrees, at a point approximately one hundred 
and eighty (180) feet north of the north line of Hast Railroad 
avenue. The said improvement to consist of grading, curbing, 


paving with gravel. 


Provided, further, that in any case where there is a removal 
of street or interurban railway tracks now constructed, caused 
by a change from one route to another, that the said Terminal 
Company shall bear, as a part of the expense of this removal, 
the expense of paving, graveling or macadamizing the space be- 
tween the rails of said tracks of the aforementioned street rail- 
way or interurban railway companies, and two feet on each side 
thereof, so as to leave the space within the said rails and two 


feet on each outside thereof in a like condition as it at present 


CITY ORDINANCES. 


O27 


MEMPHIS TERMINAL COMPANY. 


exists, except where otherwise specified in the other provisions 


ot this ordinance. 


15. Henderson Place (formerly McKinney street)—Closed: 
The Terminal Company is given and granted the right, privilege 
and permission to cross Henderson place (formerly McKinney 
street) with such main, side, switch, drill and other tracks, 
turnouts, crossovers as it may deem necessary or desirable tor 
the proper construction, maintenance and operation of its ter- 
minal facilities between the north line of Iowa avenue and a 
point three hundred and twenty (320) feet north of said north 
line of lowa avenue, and said street. Henderson place (formerly 
McKinney street) is hereby vacated and ordered to be closed 


between the above points. 


The alley connecting Henderson place with Iowa avenue, and 
between Henderson place and Mississippi avenue is vacated and 
ordered to be closed from the north line of Iowa avenue, a dis- 
tance of three hundred and ten (310) feet, ater breeaat| north 
along the west side of said alley, and the Terminal Company is 
given and granted permission and privilege to occupy the same 


with its tracks, turnouts and crossovers. 


16. Mississippi avenue (Boulevard)—Under grade crossing: 
The Terminal Company is granted the right, privilege and per- 
mission to cross Mississippi avenue by undergrade crossing, so 
as to carry under Mississippi avenue four or more main, drill 
and side tracks; the said crossing to be between a point one 
hundred and fifty (150) feet from the north line of Iowa avenue, 
measured along the west line of Mississippi avenue and a point 
three hundred (300) feet from the north line of Iowa avenue, 
measured along the west line of Mississippi avenue. The Ter- 
minal Company is required to reconstruct and maintain Mis- 
Sissippi avenue over said tracks on a structure of steel or rein- 


lorced concrete, and is permitted to change the present grade 


Henderson 
place. 


Alley closed. 


Mississippi 
avenue. 


928 


CITY ORDINANCES. 


MEMPHIS TERMINAL COMPANY. 


East Cherry 
place. 


To open 
new street. 


Orleans 
street. 


of Mississippi avenue not exceeding two (2) feet from its pres- 
ent grade, so as to provide a minimum clearance of seventeen 
(17) feet between the tracks of the Terminal Company and 


Mississippi avenue. 


17. East Cherry place (formerly Cherry alley): The Ter- 
minal Company is given and granted the right, privilege and. per- 
mission to cross Hast Cherry place at its present intersection 
with Mississippi avenue, and from said intersection, to a point 
measured northeastwardly along the south line of Hast Cherry 
place, distant one hundred and fifty (150) feet, and from which 
said point, which is in the western line of an alley between Mis- 
sissippi avenue (boulevard), and South Orleans street, Cherry 
place, as it at present exists, is ordered closed, and a new street 
is to be opened by the Terminal Company from said alley, con- 
necting with Mississippi avenue, on the north side of the tracks 
of the Terminal Company. The said. street is to be opened forty 
(40) feet wide, and Cherry place from said alley to Orleans 
street is to be widened to forty (40) feet, and the work necessary 
to the change of East Cherry place is to be done by the Terminal 
Company. The alley above referred to to be between Mississippi 
avenue (boulevard) and South Orleans street, is ordered closed 
from East Cherry place as it now exists, to a point one hundred 
and ninety (190) feet south thereae and the Terminal Company 
is granted permission to cross and occupy the same with such 
main and other tracks and signals as, in the judgment of the 
Terminal Company, may be necessary or desirable for the proper 


construction of its terminal facilities... 


18. Orleans Street—Closed. The Terminal Company is 
granted the right, privilege and permission to cross Orleans 
street between the north line of an alley which runs parallel 
with Provine street, and which intersects Orleans street one 


hundred and fifty feet north of the intersection of Orleans street 


CITY ORDINANCES. 


929 


MEMPHIS TERMINAL COMPANY. 


and Provine street to a point one hundred feet north thereof 
with three or more main tracks, and such other tracks as the 
Terminal Company may, in its judgment and discretion, deem 
necessary or essential to the proper development and operation 
of its said terminal facilities, and between said points Orleans 


street is hereby ordered to be closed and vacated. 


The alley which extends from the alley which runs parallel 
to Provine street and one hundred and fifty (150) feet north 
thereof, and which reaches from said alley to Broadway, is 
ordered to be closed from a point one hundred (100) feet north 
of the north line of the intersection of said alleys to the inter- 
section of the same, and the Terminal Company is permitted 
to cross and occupy the same with three or more main, drill, 
emergency tracks and switches as in its judgment may be neces- 
sary or desirable for the proper operation of its said terminal 
facilities. 

19. Iowa Avenue, Changed and Improved. Wallace Place, 
Ciosed. Willoughby Street, Closed. South Wellington Street 
(formerly LaRose street), Changed and Improved: Iowa avenue 
is ordered to be vacated and closed from the east line of South 
Fourth street (formerly Davie avenue), east to the west line of 


Driver street, as changed in this ordinance. 


Willoughby street is vacated and ordered closed from the 
south line of Iowa avenue, as at present, a distance of one hun- 
dred and sixty-six (166) feet south, measured along Willoughby: 


street. 


South Wellington street (formerly LaRose street), is vacated 
and ordered closed from the south line of Iowa avenue, as at 
present, a distance of one hundred and sixty-six (166) feet south, 


measured along South Wellington street. 


' Wallace place is vacated and ordered closed from the south 


line of Iowa avenue, as it at present exists, a distance of one 


Alleys closed. 


Iowa avenue. 


Willoughby 
street. 


South Well- 
ington street, 


Wallace place. 


‘CITY ORDINANCES. 


> MEMPILIS TERMINAL ‘COMPANY. 


To open 


street, 


from 


South Fourth 
to South 


Driver 


street. 


hundred and sixty-six (166) feet south, measured along said 


Wallace place. 


a 


The Terminal Company is hereby given and granted the right; 
privilege and permission to occupy the above portions of Iowa 
avenue, Willoughby street and South Wellington street, and 
Wallace place and all public and private alleys between a point 
one hundred and sixty-six (166) feet south of the present south 
line of Iowa avenue on the south and Iowa avenue on the north; 
South Fourth street on the west and Driver street, as opened 
and extended in this ordinance, on the east, and to erect thereon 
and thereover such depot buildings, office buildings, train sheds, 
platforms, signals, tracks, switches, crossovers and turnouts, 
appurtenances or public approaches as it may determine to be 
necessary for the development, construction and operation and 


maintenance of its terminal facilities. 


For and on behalf of the City of Memphis, the Mayor of 
Memphis is hereby authorized, empowered and directed to con- 
vey to the said Terminal Company, by deed duly executed and 
acknowledged, the above portions of iene avenue, Willoughby 
street and South Wellington street, and Wallace place, as above 
vacated and ordered to be closed. The said Terminal Company 
is to hold the same for the above uses, and for such other uses 
as may be necessary in the construction, maintenance and opera- 
tion of its said terminal facilties, and for providing for con- 


venient and easy access of the public thereto. 


The Terminal Company agrees to and binds and oblizates 
itself to open and deed to the City of Memphis by warranty 
deed a strip of land eighty (80) feet wide from the east line of 
South Fourth street east and parallel with Iowa avenue to the 
west line of South Driver street, for street purposes; the south 
line of said street being two hundred and forty-six (246) feet 


south of the south line of Iowa avenue. The Terminal Company 


~ 


CITY ORDINANCES. 


931 


MEMPHIS TERMINAL COMPANY. 


further agrees to open and dedicate to the City of Memphis, 
for the benefit of the public, a street sixty (60) feet wide, being 
an extension south from Iowa avenue of Driver street to an inter- 


section of Alston avenue as it now exists. 


The streets above described which are to be opened and 
dedicated by the Terminal Company to the city for the uses of 
the public are to be graded and paved by the Terminal Company 
so as to afford the public convenient and easy access and approach 
to the station, and terminal facilities to be erected by the ‘l'er- 


minal Company. 


The Terminal Company is authorized to change the present 
gerade of Iowa avenue from South Fourth street west to Latham 
street so as to conform to the new grade of South Third street, 
provided the maximum grade of Iowa avenue, as authorized to 
be changed herein, shall not exceed four (4) per cent., and 
provided that the Terminal Company is to pave, curb and im- 
prove lowa avenue between the said points, in the same manner 
the new streets hereinbefore required to be opened and deeded 


to the city are to be curbed, paved and improved. 


The Terminal Company is required to widen Iowa avenue from 
South Third street to a point three hundred (300) feet east ot 
Rayburn avenue, by dedicating to the city ten (10) feet off ot 
the property of the Terminal Company on the north side of Iowa 
avenue, and deed the said strip to the City of Memphis. It is 
also required to grade, curb and pave Iowa avenue from South 
Third street to South Fourth street, and between South Third 
street and South Fourth street it is to open, widen and dedicate 
Iowa avenue so as to make the same a uniform width of eighty 


(80) feet. 


The Terminal Company is also to widen Iowa avenue from 
Driver street east to the first alley west of Mississippi avenue, 
(10) 


by dedicating and deeding to the city ten feet: of. the 


To open 
street from 
Driver street 
to Alston 
avenue. 


The streets 
opened to ‘be 
improved, 


Grade and 
pave lowa 
avenue. 


To widen 
Iowa avenue. 


932 CITY ORDINANCES. 


MEMPIIS TERMINAL COMPANY. 
property of the Terminal Company on the north side of Iowa 


avenue, 


pate: front The Terminal Company also agrees that that portion of its 
property lying south of and in front of its station buildings is 
not to be used other than as an approach to its stations and 
grounds, until when, and in its judgment, it shall be necessary, 
in order to provide for prompt, efficient and satisfactory handling 
of the railroads entering and using said station, in which event 
the Terminal Company may use so much of said property as may 
be necessary or desirable for the increase and enlargement of 
its buildings. The said property is in no sense dedicated to the 
public, but the title thereto remains in the Terminal Company, 
and no easement is granted thereto or thereunder, except as 
stated. 

Virginia 20. Virginia Avenue: The Terminal Company shall be re- 

a at quired to open, deed and dedicate to the City of Memphis the right 
of way required to open Virginia avenue, of a uniform width 
of sixty (60) feet wide from the east line of South Main street 
to the west line of Rayburn boulevard, but this extension may 
be made on the property of the Terminal Company. The Ter- 
minal Company shall grade, construct concrete curb and gutter 
and a gravel roadway on Virginia avenue between South Main 
street and Rayburn boulevard, and construct a reinforced con- 
crete culvert to carry the bayou under Virginia at or near its 


intersection with Michigan street. 


Tracks to be Sub-Sec. 4. Be it further ordained, That all tracks authorized 
pair and to be constructed by the Terminal Company by this ordinance 
and which track or tracks cross any public street, highway, 
thoroughfare, alley or public grounds, ways or places in the 
City of Memphis at a grade crossing, shall be constructed and 
kept in repair by he Terminet Company, so as to interfere as 


little as possible with the ordinary travel and use of such streets, 


CITY ORDINANCES. 


933 


MEMPHIS TERMINAL COMPANY. 


avenues, highways, thoroughfares and alleys by the public, and 
_paved between said tracks, and between the rails thereof, and 
for twenty-four (24) inches on each side thereof, and main- 
tained by the said Terminal Company in such way and manner 
as the Municipal Council may from time to time determine and 


direct. 


Sub-Sec. 5. Be it further ordained, That, in order to make 
the necessary grade crossings, overhead crossings and undergrade 
crossings, provided for in this ordinance, the Terminal Company 
is authorized and empowered to change the present existing 
streets, avenues, alleys, public grounds, ways and places, where 
necessary: provided, that in all cases where the said change of 
grade has not been in this ordinance expressly provided for, 
the same shall be so changed as that access to the said crossings 
shall be by easy and gradual approach, and so as to interfere as 
little as possible with the ordinary use and travel of such streets, 
alleys, avenues, highways and thoroughfares by the traveling 


public. 


Sub-Sec. 6. Be it further ordained, That the Terminal Com- 
pany is hereby granted the right, privilege and permission to 


erect along and over and on the streets, avenues, alleys, public 


ways and places hereinbefore set out and named in Section 2 of | 


this ordinance such temporary crossings and structures as may 
be necessary and essential to be made during the construction 
work; provided, however, that all such temporary crossings, 
whether at grade, overgrade or undergrade, shall be made under 
the general supervision of the City Engineer, and so as to inter- 
fere as little as possible with the ordinary use of such streets, 


avenues, public ways and places by the traveling public. 


Sub-Sec. 7. Be it further ordained, That the Terminal Com: 
pany, by its acceptance of this ordinance, agrees to indemnify 


and hold harmless the City of Memphis against any and all 


Change 


grades. 


Temporary 


crossin 


2s. 


Company to 
hold the 
city harmless 
from dam- 


ages, 


etc, 


934 


CITY ORDINANCES. 


MEMPHIS TERMINAL COMPANY. 


May use 
name of city 
jn condemna- 
tion suits. 


Railroads 
may use 
station. 


claims whatsoever, whether direct or indirect, arising out of, 
or occasioned by, this grant and the exercise by it of the rights 
and privileges herein conferred upon the ‘Terminal Company, 
and to defend all suits which may be brought against, the city 
by reason of and on account of the closing of any streets or 
alleys or the change of grade of any streets or alleys herein 
authorized to be changed, and further agrees and binds itself 
to pay all judgements which may be rendered against the city 
by reason and on account of the changing, closing and vacating 


ot any streets or alleys, or the changing of grade of the same. 


Sub-Sec. 8. Be it further ordained,-That the Terminal Com- 
pany, when it becomes necessary to open and dedicate streets 
and alleys, as herein provided, may use the name of the city 
for the purpose of condemning the necessary ground for said 
streets and alleys, and also for the purpose of widening any 
streets or alleys herein required to be widened; provided, how- 
ever, that the expense of such suits shall be borne by the Ter- 
minal Company, and judgments rendered therein shall be paid 


oy it, unless otherwise provided in this ordinance. 


The Legislative Council of the City of Memphis reserves the 
right to have the City Attorney appear in any suit brought for 


the condemnation of property for the purposes herein provided. 


Sub-See. 9. Any commercial railroad incorporated under the 
general railroad law of Tennessee, and owning not less than 
one hundred (100) miles of road contiguous to Memphis, and 
which shall have built into the City of Memphis and acquired 
and constructed its tracks to a connection with the tracks of 
the Terminal Company, shall be permitted by the Terminal 
Company to use the station upon terms that will be just and 
equitable; provided, that in no event shall such new road be 
admitted upon more favorable terms than have been enjoyed 


up to that time by any of the proprietary railroad companies. 


CITY ORDINANCES. 


935 


MEMPHIS TERMINAL COMPANY. 


Sub-See. 10. Be it further ordained, That from and after the 
completion of the tracks and work hereinbefore provided, that 
all provisions of the ordinances of the City of Memphis relating 
to the speed of railway trains, the number of cars to constitute 
a train, the ringing of locomotive bells, the use of train or 
engine lights, the sounding of signals before starting trains, 
and the Peintenance. of gates, flagmen, watchmen, signals and 
signal towers, shall not be applicable to the trains and tracks 


of the Terminal Company. 


Provided, however, that this ordinance is not to be considered 
as a waiver or surrender by the City of Memphis of any of its 
police powers, or the right at any time hereafter ‘to pass neces- 


sary and reasonable ordinances in said matters. 


Provided, further, that this section does not apply to the 
crossings at Indiana street, and Arkansas street, nor any other 
grade crossing, as to which places the city ordinances now in 
force shall remain in full virtue until the grades of said street 


crossings are separated, as hereinbefore provided. 


Sub-Sec. 11. Be it further ordained, That it shall be unlawful 
for any person or persons, save an employe of the Terminal 
Company, or an employe of some of the railroad companies con- 
tracting with the Terminal Company, and using its stations and 
terminals, and in the discharge of their duty, to enter or be upon, 
or walk along or across said tracks or right of way of the 
Terminal Company, at any place or places, and any person wil- 
fully trespassing upon the tracks or right of way of the Terminal 
Company, or aiding, abetting or assisting others to do so, shall 
be guilty of a misdemeanor, and shall be liable to a fine of not 
less than one dollar ($1) nor more than fifty dollars ($50) for 


each and every offense. 


Provided, however, That this provision shall not apply to the 
crossings of the company’s tracks at Indiana street and Arkan- 


Sas street, nor any other grade crossing. 


Ordinances 
relative té 
speed of 
trains, ete., 
not applicable, 
except as 
below. 


Persons’ 
‘Trespassing 
on tracks. 


936 


CITY ORDINANCES. 


MEMPHIS TERMINAL COMPANY. 


Equal rights 
to plaza. 


Are lights. 


City Engineer 


to have 


‘Sub-Sec. 12. Be it further ordained, That the Terminal Com- — 


pany shall not grant to any person, firm or corporation any 


‘exclusive right to any portion of the plaza or approach to the 


Union station, outside of its ‘buildings, but that all persons shall: 


“have equal rights and privileges; provided, however, that the 


Terminal Company may make such reasonable rules and regula- 
tions concerning same as may from time to time be deemed 


necessary by it. 


o 
Sub-Sec. 18. Be it further ordained, That the following gen- 
eral provisions shall apply to the work done by the Terminal 


Company under the provisions of this ordinance: 


1. The Terminal Company shall be required to maintain arc 
lights at all street crossings, both overhead and grade crossings, 


and to light-all subways as directed by the Legislative Council. 


2. The City Engineer shall have general supervision of all 


general super-the work done in and over the public streets and places of the 


vision. 


Paving. 


City of Memphis, not herein vacated, to the end that no unneces- 
sary inconvenience, danger or loss shall be inflicted upon the 
pubine: but such supervision shall in no way operate to release 
said Terminal Company from any responsibility for faulty con-— 
struction, defective material or damage, for which it may be 


liable, that may result from the acts of its agents and servants; 


Provided, however, That no unnecessary or unreasonable bur- 
dens shall be imposed upon the Terminal Company, or its work 


be unnecessarily impeded. 


9 


3. In all paving required under the provisions of this ordi- 
nance, and not otherwise provided for herein, the paving used 
shall be brick or asphalt, as ordered by the City Hngineer, upon 
standard concrete foundation; the standard methods used by the 
City of Memphis shall be followed. The materials used shall 


be equal to those specified by the city in its annual contracts. 


CITY ORDINANCES. 


937 


MEMPHIS TERMINAL COMPANY. 


The new curbing required by this ordinance to be done by the 


'rerminal Company shall be of large size granite. 


4. Where the grades of a street are changed under the pro- 
visions of this ordinance, it shall be taken to mean that the 
grading shall extend from property line to property line, and to 


the subgrade of all pavements laid, unless otherwise provided. 


Except where otherwise provided, the street pavements, curbs 


and sidwalks shall be restored to original conditions. 


5. All subways and other points where the surface of the 
street is disturbed, or the grade changed by the Terminal Com- 
pany, shall be drained by laying drain pipes of sufficient capacity 
to carry and grade to insure positive drainage of such de- 


pressions. 


6. All inlets, drain pipes and culverts for taking care of the 
natural water courses in and about the Union Station, and under 
the tracks of the company, shall be of adequate size and approved 


design. 


7. Nothing in this ordinance shall alter or impair any contract 
with any street railway company, steam railroad or railway com- 
pany or any interurban company calling for any curbing or 
paving already done or to be done, or to be maintained by such 
inter- 


street railway, steam railway or railroad company, or 


urban railroad company. 


Sub-Sec. 14. Be it further ordained, That the Terminal Com- 
pany shall, at its own expense, replace any curbs, sidewalks, 
paving, sewers, water pipes, conduits, steam railway tracks, 
street and interurban railway tracks, or other properties, that 
may be opened, misplaced or removed by the change of grades 
ot the streets, or by a removal of streets and interurban railway 
tracks, caused by a change from one route to another, as herein 


provided; which repairs, changes, removals and renewals shall 


“Grades 
changed’’ 
defined. 


\ 


Pavements, 
etc, 


Subways. 


drain 
etc. 


Inlets, 
pipes, 


Not to im- 
pair other 
contracts. 


To replace 
curbs, paving, 
water pipes, 
ete. 


938 


CITY ORDINANCES. 


MEMPITIS TERMINAL COMPANY. 


To keep 

the tracks 

of Street 
Railway Com- 
pany open. 


Grants made 
without \var- 
ranty. 


Police powers 
reserved. 


Right to Jay 
water pipes 
in streets 
and alleys 
closed. 


Rights to re- 
vert to city 
—when. 


be made at the expense of the Terminal Company; and_ the 
Terminal Company shall be liable for any expense incurred by 
owners of any of the above mentioned properties by reason of 
the failure or neglect of the Terminal Company to keep in con- 


cition such property for use during the progress of its work. 


Sub-Sec. 15. Be it further ordained, That where the construc- 
tion of any work, the permission to do which is granted under 
{he terms of this ordinance, shall affect the tracks of the Memphis 
Street Railway Company, that the said Terminal Company shall, 
al all times during the construction of said work, keep open for 
ihe uninterrupted passage of its cars, the said tracks of the 


, 


Memphis Street. Railway Company. 


Sub-Sec. 16. Be it further ordained, That it is understood and 
agreed that the City of Memphis makes the grants herein with- 
cut any warranty whatever, granting to the Terminal Company 
just such rights as it has power to grant, and the said Teriinal 
Company assumes all risk of the lack of the power ot the city 


{o make such grants. 


The City of Memphis does not grant any of its police powers 
over the granted premises and privileges, nor any of the general 
powers to control and regulate the running of locomotives and 
cars within the said city limits, nor does it grant any rights or 


privileges other than those specifically enumerated. 


The Terminal Company expressly agrees and binds itself that 
in all the alleys, streets, avenues, public grounds and places 
which under the provisions of this ordinance have been ordered 
io be closed or vacated, the City of Memphis shall at all times 
have the right to construct sewers and lay water pipes, conduits, 
sas pipes, etc., over and under same, whenever it shall be deemed 


necessary to do so by the Legislative Council. 


Sub-Sec. 17. Be it further ordained, That if the Terminal, Corn- 


pany or its suecessors or assigns, shall cease to use the privilege, 


CITY ORDINANCES. 939. 


MEMPHIS TERMINAL COMPANY: 


rights and franchises herein granted for passenger station and 
terminal purposes, then, in such event, all of the rights and 
privileges herein granted shall cease, and all of the rights herein 
granted to, over, along and across the streets and alleys and 


public highways and places shall revert to the city. 


See. 18. All structures placed over streets by the Terminal eres peogs 
Company shall be made thoroughly water proof as to roof and 
sidewalls, and the same shall apply to the under pass on Mis- 
sissippi boulevard; all of said provisions for waterproofing are 


to be made under the immediate direction of the City Engineer. 


Sub-Sec. 19. Be it further ordained, That work shall be begun Work to be- 
gin and be 
within three months after the acceptance of this ordinance by completed 


the Terminal Company, and shall be pushed to completion with Nee 
reasonable expedition. The Terminal Company shall also be re- 
quired to execute a good and solvent bond in the sum of two 
hundred and fifty thousand dollars ($250,000), which bond shall 
be conditioned upon the faithful and proper performance of all 
the duties and obligations imposed upon the said Terminal Com- 


pany in this ordinance. 


Sub-Sec. 20. Be it further ordained, That this ordinance shall 
be accepted in writing by the Terminal Company by its proper 
and duly authorized officers, agents and attorneys, within thirty 
(30) days from and after the passage of the same and that if 
accepted, it take effect thirty (30) days after its passage, the 


public welfare requiring ace 


Passed final reading Monday, October 19, 1908. 


ACCEPTANCE OF ORDINANCE. 

Memphis, Tenn., November 9, 1908. 
To the Honorables James H. Malone, Mayor; Jno. T. Walsh, 
Vice-Mayor; B. G. Henning, H. T. Bruce and E. H. Crump, con- 


stituting the Board of Fire and Police Commissioners; and 


940 CITY ORDINANCES. 


MEMPHIS TERMINAL COMPANY. 


Messrs. Geo. C. Love, Chairman; C. W. Edmonds, Thos. Dies, 
Frank F. Hill, A. H. Frank, Louis Sambucetti, H. T. Winkel- 
man, J. S. Dunscomb, P. J. Moran and J. Thos. Wellford, mem- 
bers of the Board of Public Works; all constituting the Legis- 


lative Council of the City of Memphis, Tennessee. 


Gentlemen: 


At the meeting of the Board of Directors of the Memphis 
- Railway Terminal Company, held in St. Louis, Mo., on November 


6th, 1908, the following resolution was adopted: 


“Resolved, by the Board of Directors of the Memphis Railroad 
Terminal Company, that the ordinance entitled: ‘An ordinance 
granting certain rights, privileges and franchises in the City 
of Memphis, Tenn., 7 the Memphis Railroad Terminal Com- 
pany, for the purpose of constructing, operating and main- 
taining within the corporate limits of said city, passenger stations 
and terminals, passed final reading by the Legislative Council 
of the City of Memphis, Tenn., October 19, 1908, be, and the 
same hereby is accepted by the Memphis Railroad Terminal 


Company. 


“Be it further resolved, That the President or Vice-President 
of the Company be and hereby is empowered and divested to file 
with the Mayor and Legislative Council of the City of Memphis, 
Tenn., in the name of the Memphis Railroad Terminal Company, 


& written acceptance of said ordinance.” 


Now, therefore, I, John H. Watkins, as President of the 
Memphis Railroad Terminal Company, in the name, and in 
behalf of the Memphis Railroad Terminal Company, do hereby 
accept the ordinance entitled, “An ordinance granting certain 
‘rights, privileges and franchises in the City of Memphis, Tenn., 
to the Memphis Railroad Terminal Company, for the purpose of 


constructing, operating and maintaining within the corporate 


CITY ORDINANCES. 941 


CUMBERLAND TELEPHONE AND. TELEGRAPH COMPANY. 


limits of said city, passenger stations and terminals,’ passed 
final reading by the Legislative Council of the City of Memphis, 
Tenn., October 19, 1908, and notice is hereby given you of said 
acceptance, in accordance with the terms of said ordinance. 
Respectfully, 
MEMPHIS RAILROAD TERMINAL COMPANY 
By JOHN H. WATKINS, President. 
matests ©... “GHRIST, Secretary: 


ARTICLE 92. 
CUMBERLAND TELEPHONE & TELEGRAPH CO. 
ORDINANCE. 
Sec. 1386. Be it ordained by the Legislative Council of the Rignt vs give 
telephone and 

City of Memphis, That the right to maintain, repair and operate ios dp ycts 
all poles and wires heretofore erected by the Cumberland Tele- *™é¢. 
phone & Telegraph Company, in the streets, alleys and public 
places of the City of Memphis, and now in existence and used 
for the purpose of giving telephone and telegraph service, be, 
and the same is hereby ratified, approved and confirmed to the 
said Cumberland Telephone and Telegraph Company, its suc- 


cessors and assigns. 


Sec. 1387. Be it further ordained, That said Cumberland Grant to ope- 
r rate addition- 
Telephone & Telegraph Company, its successors and assigns, is 2! Service. 
hereby given the right and authority to erect, maintain and 
operate such additional poles and wires from time to time, over 
and along the streets, alleys and public places in the City of 
Memphis for the purpose of giving telephone and telegraph ser- 
vice, as its business may necessitate and require, provided, all 
such poles shall be erected under the supervision and control of 
the Chief of the Fire Department, who shall designate where 
such poles shall be erected. 


Sec. 1388. Be it further ordained, That said Cumberland To furnish 


city one 
Telephone & Telegraph Company, its successors and assigns, IN quct free. 


942 CITY ORDINANCES. 


CUMBERLAND TELEPHONE AND TELEGRAPH COMPANY. 
consideration of the rights herein above granted, shall furnish 
for the use of the City of Memphis one duct through its entire 
underground system in the City of Memphis, as same is now 
or may hereafter be constructed, together with necessary and 
proper space in its various manholes, to be used by the city, 
free of charge, for the installation and maintenance of the 

To permit 4 city’s fire and police patrol wires, and shall also permit, free 


city fire an 


Fork wrecteq OL Charge, the city’s fire and police patrol wires to be erected 


aie es ' and maintained upon all poles heretofore erected, or that may 
F hereafter be erected in the City of Memphis, upon uprights to 
be placed upon the top of all its poles in the City of Memphis, 
and to be of seasoned timber, and of such dimensions and con- 
struction as the city may direct, but said wires shall be so 
erected as not to interfere with the wires of said company. 
Written ac- Sec. 1889. Be it further ordained, That said Cumberland Tele- 
maintain phone & Telegraph Company shall file with the city’s Secretary 


its written acceptance, under its corporate seal, of the pro- 
visions of this ordinance, and shall obligate itself, its suc- 
cessors and assigns, to maintain said duct and space in its man- 
holes in its underground system, and the space upon its poles, 
so long as it, or its successors or assigns, shall continue to 
conduct a telephone or telegraph business in said city; and such 
acceptance shall be so filed within ten days from the date of the 


passage of this ordinance. 


eet ERED Sec. 1890. Be it further ordained, That the Legislative Coun- 
cil and the public authorities of the City of Memphis do not 
herein or hereby undertake to, or intend to, surrender or con- 
tract away any of its police power in respect to the olee and 
wires now erected, or hereafter to be erected, by said Cumber- 
land Telephone & Telegraph Company, but all police power the 
city now has is reserved and retained by it as if this ordinance 


had not been enacted or passed. 


\ 


CITY ORDINANCES. 


943 


CUMBERLAND TELEPHONE AND TELEGRAPH COMPANY. 


See. 1391. Be it further ordained, That the Cumberland Tele- 
phone & Telegraph Company binds itself, its successors and 
assigns, to erect and establish a ringing circuit, and furnish 
bells and generators for same. Said circuit, bells and gene- 
rators to be established in all fire engine houses now used, or 
hereafter to be acquired or used by the city. And said company 
binds itself, its successors and assigns, to erect and establish a 
twelve (12) drop board for the police station of the City of 
Memphis,-and extension lines for six (6) desk sets in the police 
station. This obligation shall rest and remain upon the said 
company, its successors and assigns so long as it or they shall 


operate a telephone system in the City of Memphis. 


Sec. 1392. Be it further ordained, That the original and con- 
tinued performance of each and every stipulation and condition 
hereby imposed upon the said Cumberland Telephone & Tele- 
graph Company are conditions of the grant herein contained, 
and the failure of said company or any of its assigns or suc- 
cessors to perform the same within the time required shall, at 
the option of the city, work an entire forfeiture and cessation 
of all rights and privileges granted herein or exercised here- 
under, and the city may, in the event aforesaid, declare such 
forfeiture, and cause the poles and wires of said company to be 
taken down, and the operation thereof discontinued. But said 
forfeiture shall not be enforced unless said company shall, for 
thirty days after notice, neglect or fail to perform such obli- 
gations. All of the conditions, duties and obligations herein im- 
posed upon the Cumberland Telephone & Telegraph Company 
are likewise imposed upon any assigns or successor of said com- 
pany, and such assigns or successor shall be subject to each and 
all of the conditions, duties and obligations herein imposed upon 


said Cumberland Telephone and Telegraph Company. 


Sec: 1893.. Be it further ordained, That the Cumberland Tele- 


phone & Telegraph Company shall never during the life of the 


To furnish 
ringing eEir- 
cuig at fire 
engine houses, 
ete. 


Forfeiture 
clause. 


Rates to be 
charged. 


944: 


CHARGES 


Life of 
franchise 
30 years. 


CITY ORDINANCES. 


OF TELEPHONE COMPANIES. 


tranchise charge the citizens of Memphis any rate or rates for 
either business or residence telephones or telephone service 


higher than those that prevail at the present time. 


Sec. 1394. Be it further ordained, That the franchise of the 
Cumberland Telephone & Telegraph Company shall only be for 
a period of thirty years from date of the passage of this ordi- 
nance. | 


Passed final reading Monday, June 22, 1903. 


e 


ARTICLE 93. 
AN ORDINANCE TO REGULATE CHARGES OF TELEPHONE COMPANIES IN 
THE CITY OF MEMPHIS. 

Sec. 1394a. Be it ordained by the Legislative Council of the 
City of Memphis, That all telephone companies operating a sys- 
tem of telephones in the City of Memphis shall charge for each 
telephone in places used for business purposes, not exceeding $5 
per calendar month; and for each telephone in private residences 
not exceeding $2.50 per calendar month. And every subscriber 
for either a business or residence telephone: shall have the 
right to pay for the ne monthly, in advance, in accordance 
with the above rates. And such telephone company shall have 
the right to charge an increased rate of fifty cents per month to 
all subscribers who remain in default after the 10th of each 
month. Provided, this ordinance shall not apply to telephone 
companies whose rates are fixed by contract with the City of 


Memphis. 


Sec. 1394b. Be it further ordained, That any such telephone 
company that shall charge more for the use of its telephones 
than the respective amounts above set out shall be guilty of a 


misdemeanor, punishable by a fine of $10 for each offense. And 


each day that any such telephone is operated by any telephone 


company at a rate in excess of that above set out shall con- 


stitute a separate offense under this ordinance. 


CITY ORDINANCES. 


945 


MISCELLANEOUS ORDINANCES AND RESOLUTIONS. 


Sec. 1394c. Be it further ordained, That any telephone com- 
pany operating a telephone system in the City of Memphis 
which, after being tendered the rates above set out in this 
ordinance shall refuse to operate telephones for those who 
demand same shall be guilty of a misdemeanor, punishable by 
a fine of $10 for each offense. And each day that such telephone 
company continues its refusal to operate any telephone after 
such tender and demand shall constitute a separate offense 
under this ordinance. 


Passed Sept. 24, 1907. 
ARTICLE 94. 


ORDINANCE. 

An ordinance providing for the straightening of Maxwell 
avenue by changing the location of the same between Sum- 
mer avenue and the right of way of the Louisville & Nash- 
ville Railroad Company, and providing means and a plan for 


accomplishing this end. 


Sec. 1895. Be it ordained by the Legislative Council of the 
City of Memphis, That Maxwell avenue be straightened by chang- 
ing its location between Summer avenue and the right of way of 
the Louisville & Nashville Railroad Company, so that Maxwell 
avenue, as changed, will begin at a point in the north margin 
of Summer avenue 491 feet west of the west margin of Evergreen 
avenue, thence running north and parallel to Evergreen avenue 
to the right of way of the Louisville & Nashville Railroad 
Company; thence along the margin of the right of way of the 
Louisville & Nashville Railroad Company in a southwestwardly 
direction to a point; thence southwardly from said point and 
parallel to Evergreen avenue to the north margin of Summer 
avenue; thence eastwardly along the north margin of Summer 


avenue 60 feet to the beginning, so as to make a street 60 


feet wide from Summer avenue to the right of way of the’ 


Lonisville & Nashville Railroad Company. 


Providing for 
the straight- 
ening of 
Maxwell 
avenue, 


946 


CITY ORDINANCES. 


MISCELLANEOUS ORDINANCES AND RESOLUTIONS. 


Sec. 1596. Be it further ordained, That Maxwell avenue as 
at present located between Summer avenue and the right of 
way of the Louisville & Nashville Railroad Company, as shown 
on the Lea & Overton subdivision (which is of record on page 
22, Platbook 4, in the Register’s office of Shelby County, Tennes- 
see), be and the same is hereby declared to be closed as a SEES 
upon the dedication to public use for a street of the land re- 
Guired for the new location of Maxwell avenue between Summer 
avenue and the right of way of the Louisville & Nashville 


Railroad Company. 


Sec. 1897. Be it further ordained, That so soon as J. M. 
Dickinson, who is the owner of the land upon which Maxwell 
avenue, as changed, is to be located, and also the owner of the 
land on both sides of said avenue as changed, and also as at 
present located, shall have filed for record in the office of the 
Register of Shelby County, Tennessee, a plat, approved by the 
City Engineer, dedicating to public use for a street the private 
property alone described, upon which Maxwell avenue, as 
changed, is to be located, the Mayor, in consideration therefor, 
is hereby authorized and directed, for and on behalf of the 
City of Memphis, to execute to said J. M. Dickinson, a deed, 
under the corporate seal of the City of Memphis, conveying to 
said J. M. Dickinson all right, title and interest which the 
City of Memphis has in and to the land upon which Maxwell 
avenue is now located between Summer avenue and the right of 
way of the Louisville & Nashville Railroad Company, said land 


being described as follows: 


Beginning on the northeast corner of Maxwell avenue and 
Summer avenue (as said Maxwell avenue is shown on the 
plat of the Lea & Overton subdivision), running thence north 
with the east side of Maxwell avenue to the south line of the 


light of way of the Louisville & Nashville Railroad Company; 


CITY ORDINANCES. 


947 


MISCELLANEOUS ORDINANCES AND RESOLUTIONS. 


thence in a southwesterly direction along the margin of said 
right of way to the west line of Maxwell avenue; thence south 
with the said west line of Maxwell avenue to the north line 
of Summer avenue; thence east with said north line 60 feet to 
the point of beginning. 


Passed final reading July 6, 1905. 


AN ORDINANCE PROVIDING FOR THE CLOSING OF GRAVES PLACE AND 
THE OPENING AND DEDICATION OF EASTMORELAND AVENUE. 


Whereas, the committee to whom was referred the petition 
of E. B. LeMaster, W. C. Graves, and A. C. Tarr, with reference 
to the closing, for city purposes, of Graves place, between 
Union avenue and Linden avenue (formerly Mystic avenue), 
and accepting in lieu thereof, for city purposes, a street to run 
east and west from the east line of Marx avenue to the west. line 
of the George J. Campbell subdivision, to be fifty (50) feet 


wide; and, 


Whereas, in the presentation of the matter to the committee, 
it has been made to appear that the street to be closed, known 
as Graves place, was never opened and used by the _ public, 
and when the territory in which said Graves subdivision is 
located was annexed to the City of Memphis by extension of 
its limits, said street was shown on paper only, and no dedica- 
tion thereof was ever accepted by the County of Shelby or the 
City of Memphis; and it further appearing that said paper 
street lies within one hundred and ninety feet of another 
street running parallel therewith, to-wit: Marks avenue, now 
LeMaster street, and that the opening thereof would not con- 
form to the public interest, or to the general plan for streets 


_ of the City of Memphis. 


And it further appearing from the committee’s report that 
ii has recommended the closing of said Graves place or street 


and the acceptance of the said extension of Eastmoreland avenue 


943 


CITY ORDINANCES. 


MISCELLANKOUS ORDINANCES AND RESOLUTIONS. 


as+prayed for in the petition, all of which it appears is strictly 


for the city’s interest and for city purposes; therefore, 


Be it ordained by the Legislative Council of the City of 


Jlemphis, as follows: 


Sec. 1398. First. That Graves place, or street, as shown. on 
the plan of the said Graves subdivision, being forty feet wide and | 
running from the north line of Linden avenue, formerly Mystic 
avenue, northwardly, to Union avenue, the west line thereof 
being approximately 190 feet east of the east line of Marks 
avenue, be and the same is hereby closed, and any dedication 
or attempted dedication thereof is declined, renounced and not 


accepted: Such closing is not to affect the first and second 


alleys south of Union avenue between LeMaster street and 


the west line of the Campbell subdivision. 


Sec. 1399. Second. That Eastmoreland avenue as shown on 
blue print accompanying said petition, being a street fifty (50) 
feet wide, running eastwardly from the east line of Marks 
avenue, to the west line of the George J. Campbell subdivision, 
being parallel with and three hundred and one (301) feet north 
of Linden avenue, approximately four hundred and twenty-five 
and three-tenths (425.3) feet, be opened as a street and the 


dedication thereof be, and the same is hereby accepted. 


Sec. 1400. Third. The Mayor of the City of Memphis is 
authorized and directed to execute in the name of and on be- 
half of the City of Memphis, a quit claim deed releasing -all 
right, title and interest of the city in the said Graves place to 


the owners of the fee or reversion therein. 


See. 1401. Fourth. The committee’s report recommending 
the closing of Graves place and the opening of Eastmoreland 
avenue is adopted. 


Passed final reading December 28, 1908. 


CITY ORDINANCES. 


949 


MISCELLANEOUS ORDINANCES AND RESOLUTIONS. 


RESOLUTION. 
BACK TAX ASSESSMENT. 
Sec. 1402. Be it resolved by the Legislative Council of the 
City of Memphis, That this Council is opposed to the back 
assessment of the property of the citizens of this city. The 
city has its Tax Assessor and its Board of Equalization, and 
after the property has once been assessed by the Assessor, and 
the valuation fixed by him has been passed upon by the Board 


of Equalization, the matter should end there. 


Be it further resolved, That no steps,shall be taken toward 
the back assessment of property without the direction or con- 
sent of this Council. 


Adopted Sept. 18, 1906. 


RESOLUTION. 
WATER METERS. 
Sec. 1403. Be it resolved by the Legislative Council of the 
City of Memphis, That the Legislative Council direct the Com- 
- missioners of the Memphis Artesian Water Department of the 
City of Memphis that all water meters heretofore placed upon 
private residence consumers of water be removed, unless the 
consumer should request that the same be retained, and that 


this resolution take effect on the Ist day of April, 1906. 


Sec. 1404. Be it further resolved, That the Legislative Council 
direct said Commissioners to cease to put in meters upon the 
premises of private residence Consumers, unless the same be 
requested by said consumers and that this latter section take 
effect at once. 


Adopted March 8, 1906. 


RESOLUTION. 
VALLEY OIL MILLS. 


Sec. 1405. Committee on Streets, Bridges and Sewers, to 


whom was referred petition of Valley Oil Mills for permission 


Council 
opposed to 
back as- 
sessment. 


To remove 


water meters 
upon request 
of con- 


sumers., 


Not to install 
meters except 
on request. 


950 


CITY ORDINANCES. 


MISCELLANEOUS ORDINANCES AND RESOLUTIONS. 


to erect a coal shed on Linden street just east of their present 
occupied premises, submitted the following report which was 
adopted unanimously: 

“Your Committee on Streets, Bridges and Sewers, to. whom | 
was referred the petition of the Valley: Oil Mills, recommend 
that the petition be granted subject to the will and pleasure 
of the Council, the consideration to be $100 per annum, making 
a total rental for that part of the street as at present and 
that will be occupied, two hundred ($200) dollars per annum.” 


Adopted Sept. 11; 1902. 


RESOLUTION. 

SEPARATION OF GRADES BETWEEN RAILROADS AND THE STREETS. 
Whereas, There is contemplated a large amount of improve- 
ment in the City of Memphis, and such improvement includes the 


construction of subways and viaducts; and, 


Whereas, The railroads entering the city and the Memphis 
Street Railway Company have indicated their willingness to 
construct such subways or viaducts, provided they be indemnified 
against property damages caused by the fixing of grades irerdent 


to such work; and, 


Whereas, There may be situations where property Owners or 
citizens will indemnify the railroad or railroads, the Street 
Railway Company and the City against such abutting damages; 


now, therefore, 


Sec. 1406. Be it resolved by the Legislative Council of the 
City of Memphis, That, in any case of a railroad crossing an 
important street, when it is deemed advisable to require a 
separation of the grades between the railroads and the street, ~ 
such separation will be ordered at the expense of the railroad 
or railroads interested, providing the abutting property owners 
affected by such work will release the city from all damages, or 


that responsible parties will secure the city and the railroad or 


CITY ORDINANCES. 


951 


MESCELLANEOUS ORDINANCES AND RESOLUTIONS. 


railroads against all claims for damages from the owners of 
property affected by the change of grade; and provided, further. 
that if such crossing be of a street. occupied by a street rail- 
way line, the Street Railway Company shall contribute a proper 
proportion to the cost of said separation of grades and shall be 
protected equally with the city and railroads against any claims 
for damages from property owners affected. 


Adopted Sept. 9, 1907. 


RESOLUTION. 
SUBWAY AT LAMAR BOULEVARD. AND SOUTHERN RAILWAY. 

Whereas, the Legislative Council of the City of Memphis 
heretofore passed a resolution to the effect that the city wouid 
require the several railroads “entering the city to separate the 
grade of their tracks from the grade of the streets at important 
crossings, where the abutting property owners or other citizens 
would release the city and said railroad from all claims for 
damages to abutting property affected, by reason of said change 


of grades; and, 


Whereas, the condition of said resolution has been complied 
with, as to the crossing of the Southern Railroad and Lamar 
boulevard, the city and said railroad being made secure against 
all claims for damages by reason of a subway at this point; 


and, 


Whereas, a petition has been filed asking that the Council 
require a subway to be constructed at this crossing by raising the 
grade of said railroad and depressing the grade of said boule- 
vard according to plans to be adopted by the City Engineer; and, 

Whereas, the Council finds that this is an important crossing, 
where there is much travel, and great danger by reason of the 
railroad crossing said street at grade, and that it is proper and 
reasonable to require said grades to be separated at this cross- 


ing; therefore, 


952 


CITY ORDINANCES. 


MISCELLANEOUS ORDINANCES AND RESOLUTIONS. 


Subway at 
Lamar boule- 
vard and 
Southern 
Railway. 


Sec. 1407. Be it resolved, That the Southern Railroad Company 
be, and is hereby ordered, to separate the grades of its railroad 


tracks and Lamar boulevard at said crossing by raising the 


. grade of its tracks and lowering the grade of said boulevard, 


Preamble. 


according to plans and specifications to be approved by the 


City Engineer; be it further 


Resolved, That the Southern Railroad Company be notified to 
begin said work within sixty days from the passage of this 
resolution and to complete said subway within six months from 
said notice. A copy of this resolution will be delivered to said 
railroad company by way of such notice. 


Adopted December 12, 1907. 


RESOLUTION. 
ON SEWER CONNECTION FOR TOWN OF BINGHAMTON. 
Whereas, on the 3rd day of July, 1907, a petition was presented 
to this Council by the Board of Mayor and Aldermen of the town 
of Binghamton, Shelby County, Tennessee, asking permission 


to connect its sewer system with the sewer of Memphis; and, 


Whereas, the opinion of the City Attorney of Memphis as to 


the legal right of the City of Memphis to allow such connection 


has been asked by this Council, and said opinion in writing 


having been submitted declaring that the City of Memphis has 
the legal right to allow such connection, if the same be deemed 


necessary, or manifestly desirable; and, 


Whereas, the sewering of Binghamton and the erection of a 
water system in said town are matters that vitally affect the 
health and well being of both the people of Memphis and Bing- 


hamton: 


Be it resolved, therefore, by the Legislative Council of Mem- 


phis: 


CITY ORDINANCES. 


a 


MISCELLANEOUS ORDINANCES AND RESOLUTIONS, 


Sec. 1408. First. That the town of Binghamton be permitted 
to connect its sewers with the twenty-four-inch main of the City 
of Memphis at some point on Summer avenue, as determined by 
the City Engineer of Memphis; said connection to be made under 
the direction and supervision of said City Engineer, and to con- 
form to all general requirements of the City of Memphis as to the 
connection and as to repairing whatever portions of the streets 
of the City of Memphis are interfered with in order to make 
such connection. It is expressly idarstooul however, that said 


connection is to be made.without cost to the City of Memphis. 


Sec. 1409. Second. Inasmuch as the territory to which this 
resolution relates is within the one-mile limit of which the City 
of Memphis has jurisdiction for health and sanitary purposes, all 
sewer and water connections shall be installed under the direction 
of the City Engineer of Memphis and remain under the super- 
vision of the inspectors of said City of Memphis, who will en- 
force the usual requirements for the purposes hereinbefore set 


out, within such one-mile limit. 


Sec. 1410. Third. Be it further resolved, That the Board of 
Mayor and Aldermen of Binghamton shall be provided with a 
copy of this resolution, and shall by resolution or ordinance 
accept the conditions and acknowledge the jurisdiction herein 


claimed. 


Sec. 1411. Fourth. Said connection of the sewer of the City 
of Binghamton when made with the sewers of the City of 
Memphis is to continue at the will and pleasure of the Legislative 
Council of the City of Memphis, and the City of Binghamton 
must agree as a condition precedent to said connection to agree 
by resolution of its proper Board to come within the corporate 
limits of the City of Memphis and become a part of said city by 
proper act to be passed by the next General Assembly in 1909. 
Passed final reading, Sept. 20, 1907. 


Connect with 
sewer main 
on Sum- 
mer avenue. 


City of Mem- 
phis to have 
jurisdiction 
for health 
and sanita- 
tion. 


To accept 
conditions. 


Connection to 
continue at 
will and 
pleasure of 


Council. 


954 


CITY ORDINANCES. 


\EISCELLANEOUS ORDINANCES AND RESOLUTIONS. 


“RESOLUTION ON SEWER CONNECTION FOR LENOX, AND EXTENSION. Ol 
WATER MAINS. 

W hereds,.OM sek. 5 Sree a resolution was passed by this Coun- 
cil authorizing the municipal authorities of the town of Lenox 
to connect their sewer system, now being constructed, with the 
sewers of Memphis, and that the Water Commissioners be author- 
ized to extend the water system to the people of Lenox, and to 
give the usual service for flushing the sewers, etc., provided, in 
the opinion of the City Attorney the same could be done legally; 


and, 


Whereas, before commencing the sewer work at Lenox, acting 
under said resolution, the Board of Mayor and Aldermen of 
Lenox submitted a copy of their contract for building said sew- 
ers, to the City Attorney of Memphis, and he pronounced it in 
all things legal, and so made known his opinion, but had not up 


to the time of his death reduced his opinion to writing; and, 


Whereas, upon such assurance from the City Attorney the 
Board of Mayor and Aldermen of Lenox, and the contractor doing 
the work, have considered that all questions of the legality of 
such connection of the sewer system final, but as yet no reso- 
lution finally authorizing such connection and the extension of 


the water mains has been passed by this Council; and, 


Whereas, the sewering of Lenox, and extension of the water 
mains to that territory are matters that vitally affect the health 


of the citizens of Memphis as well as of Lenox; be it therefore, 


Resolved by the Legislative Council of the City of Memphis: 

Sec. 14lla. First. That the Lenox sewer system be permitted 
to connect with the sewer main of Memphis at such point on 
Cooper avenue, as determined by the City Engineer, subject to 


the will and pleasure of the Council. 


Second. That the ‘Water Commissioners extend the water. 


CITY ORDINANCES. 


955 


MISCELLANEOUS ORDINANCES AND RESOLUTIONS. 


service in such manner as will give the usual flushing service 


to the sewers as so extended. 


Such sewer connections and water connections will be made 
under directions of J. A. Omberg, Jr., City Engineer, who has 
been employed by the town of Lenox to supervise said sewer 


construction. 


Inasmuch as the territory to which this resolution relates 
is within the one-mile limit of which the City of Memphis has 
jurisdiction for health purposes, all private sewer connections 
and water connections shall be under the supervision of the 
inspectors of the City of Memphis, who will enforce the usual 


requirements within such one-mile limit. 


Be it further resolved, That the Mayor and City Council of 
Lenox shall be provided with a copy of this resolution and shall 
by resolution or ordinance accept the conditions and acknowledge 
jurisdiction herein claimed. 


Adopted July 7, 1904. (Book F, page 350.) 


ACCEPTANCE. 

Be it resolved by the Board of Mayor and Aldermen of the 
Town of Lenox, That the resolution heretofore, to-wit: on the 
7th day of July, 1904, passed by the City Council of Memphis 
granting permission to the Town of Lenox to connect sewers 
with the system of Memphis, is hereby accepted by this Board, 
and the conditions as to the enforcement of water and sewer 
connections embraced in said resolution giving to the City of 
Memphis the supervision thereof, are hereby accepted; and the 
jurisdiction therein claimed by said City of Memphis as to the 
one-mile limit is hereby acknowledged. 


Adopted August 8, 1904. (Minute Book F, page 357.) 


956 


CITY ORDINANCES. 


MISCELLANEOUS ORDINANCES AND RESOLUTIONS. 


Dogs at large. 


License for. 


Caught and 
imprisoned. 


Recover dog 
—how. 


Killed—when. 


Season to 
be muzzled. 


DOG ORDINANCE. 
An ordinance to regulate the running at large of dogs on the 


streets and alleys of Memphis. 


Sec. 1412. Be it ordained by the Legislative Council of the 
City of Memphis, That no dog shall be permitted to run at large 
on the streets and alleys of the City of Memphis, unless such 
dog shall wear a tag or plate for the current year, the said plate . 
or tag to bear the words “registered for the year 190.., (signature 
of Register of Licenses and Privileges), Register of License and 
Privileges of Memphis, Tennessee.” The said tag or plate is to 
be purchased from the Register of Licenses and Privileges at 
the price of $1.25, the said sum to be considered a registration 
fee and to be used for the maintenance of a pen or pound and 


to pay fees and salaries as hereinafter provided, 


Sec. 1413. Any dog found without such tag or plate shall be 
caught by any member of the police force or by any person and 
imprisoned in a pen to.be kept for that purpose and the Board 
of Fire and Police Commissioners shall employ one or more 
rersons at a stipulated price, not to exceed $5 per day each 
for the capture of such dogs as may be found on the streets 
and alleys without such a tag or collar, and such persons shall 


furnish their own appliances and help. 


Sec. 1414. The owner of any dog so caught and imprisoned 
shall be entitled to the possession of said dog upon proof of 
ewnership, the payment of $1 to the city treasury and the pur; 


chase of a tag at the price aforesaid. 


Sec. 1415. All dogs not claimed in seventy-two hours after 
being caught and imprisoned ‘shall be killed by the orders of the 
Chief of Police. 


Sec. 1416. From the ist day of May to the lst day of October, 


no dog shall go at large without being muzzled as well as 
tagged. 


Passed final reading Thursday, June 7, 1906. 


CITY ORDINANCES. 


957 


MISCELLANEOUS ORDINANCES AND RESOLUTIONS: 


ORDINANCE. 
Be it ordained by the Legislative Council of the City of Mem- 
phis, that: 


Whereas, by an act passed by the Legislature of the State of 
Tennessee, approved April 15, 1905, and being Chapter 357 of 
the published Acts of 1905, the County of Shelby was authorized 
to issue $1,000,000 (one million dollars) of bonds for the pur- 
pose of erecting a courthouse and to appoint commissioners to 


select a site for and to erect said building thereon; and, 


Whereas, N. C. Perkins, Levi Joy, John Colbert, W. J. Allen 
and J. T. Walsh were regularly appointed as said commissioners; 


and, 


Whereas, said commissioners, as they were authorized and 
directed to do by said act of the Legislature, have selected the 
square in the City of Memphis, Shelby County, Tenn., bounded 
by Washington, Second, Adams and Third streets, for the pur- 


pose of locating said courthouse thereon; and, 


Whereas, the County Court of Shelby County has passed a reso- 
lution authorizing the City of Memphis to use a part of said 
courthouse for its offices on certain conditions in said resolu- 
- tion set out, and which are very favorable and to the advantage 


of the city; and, 


Whereas, the title to the alleys in said square is in the City of 


Memphis; now therefore, 


Sec. 1417.’ Be it ordained, That the City of Memphis transfer 
and convey to the County of Shelby all of the right, title and in- 


Alleys around 
new court 
house deed- 
ed to county. 


terest that the said city has in and to all of the alleys within 


said square and especially to the alley between Second and Third 
streets running north and south from Adams to Washington 
street: and also the alley between Washington and Adams street 


running east and west between Second and Third streets. 


958 


CITY ORDINANCES. 


MESCELLANEOUS ORDINANCES AND RESOLUTIONS. 


Wood fence. 


Fence within 
30 feet of 


street. 


Penalty. 


To have and to hold, to the said County of Shelby for the pur- 


pose of erecting thereon a courthouse as aforesaid, and ior the 


necessary grounds thereto pertaining. 


And the Mayor of said city is hereby authorized to execute a 
conveyance to the County of Shelby for the purposes aforesaid, 
il the same be deemed necessary. 


Passed final reading Thursday, Aug. 9, 1906. 


Sec. 1418. Be it ordained by the Legislative Council, that it 


shall be a misdemeanor to build any fence of wood or other 


inflammable or combustible material within thirty feet of the 


line of any street in the inner fire limits of the city. 


Sec. 1419. That it shall be a misdemeanor to construct or 
build any fence of any materials, or in any such manner as to 
in any way obstruct the free passage of either light or air within 


thirty feet of the line of any street in the City of Memphis. 


Any person violating any of the provisions of this ordinance 
shall be deemed guilty of a misdemeanor and fined not:'less than 
$10 nor more than $50. 


Passed final reading Saturday, January 16, 1904. 


CITY ORDINANCES. 


ADDENDA. 


ORDINANCES PASSED AFTER MAIN BopDy OF 
MANUSCRIPT WAS PREPARED. 


AN ORDINANCE to provide for the separation of the grades of 
streets from the grades of commercial railroads in the City 
of Memphis, in that area from Iowa avenue on the south to 
Calhoun avenue on the north, occupied by the tracks of the 
Illinois Central Railroad Company, the Yazoo & Mississippi 
Valley Railroad Company, the Nashville: Chattanooga & St. 
Louis Railway Company, the Louisville & Nashville Railroad 
Company and the Chicago, St. Louis & New Orleans Railroad 
Company, and in that area on Broadway, or Railroad avenue, 
between Kentucky street on the west and Porter street on the 
east, which is occupied by the tracks of the Union Railway 
Company, the Kansas City, Memphis & Birmingham Railroad 
Company, and its lessee, the St. Louis & San Francisco Rail- 
road Company, the Southern Railway Company, the Nashville, 
Chattanooga & St. Louis Railway Company and its lessee, 
the Louisville & Nashville Railroad Cerna ny, and to provide 
for the change of the grade of the tracks of the said railroad 


companies in the above territory. 


Section 1. Be it ordained by the Legislative Council of the 
City of Memphis, That the Illinois. Central Railroad Company, 
the Yazoo & Mississippi Valley Railroad Company and the Chi- 
cago, St. Louis & New Orleans Railroad Company, the Union 
Railway Company, the Kansas City, Memphis & Birmingham 


Railroad Company and its lessee, the St. Louis & San Francisco 


959 


SUBWAYS. 


Railroads 
affected. 


960 


SUBWAYS. 


Elevation of 
tracks at 
Jowa avenue. 


Calhoun 
avenue 


lowa avenue 


Virginia 
avenue. 
Broadway. 


Carolina 


avenue, 


Georgia 
avenue. 


CITY ORDINANCES. 


Railroad Company, the Southern Railway Company, the Nash- 
ville, Chattanooga & St. Louis Railway Company and its lessee, 
the Louisville & Nashville Railroad Company, are each respec-: 
tively hereby ordered to elevate or depress the plane of their 
roadbeds and tracks within certain limits of the City of Mem- 
phis, and to construct subways or viaducts beneath and over 
said tracks, under the conditions hereinafter specified; :that is 


ta say: 


FKirst—The Illinois Central Railroad Company and the Yazoo. 
& Mississippi Valley Railroad Company, and the Chicago, St. 
Louis & New Orleans Railroad Company, shall commence ‘the 
elevation of their tracks and roadbeds at a point about five hun- 
dred (500) feet south of Iowa avenue, where the readers and 
tracks are at present elevated to the height of approximately 
one hundred and forty-six (146) feet above the city datum. From 
said point the proposed elevated roadbed and tracks shall con- 
tinue in the northerly direction to the south line of Calhoun 
avenue. The said tracks and roadbed to be elevated and brought 
to such grade as to bring the base of the rail of the said tracks 
to’ not less than one hundred and forty-nine (149) feet above 
the city datum at Iowa avenue; to not less than one hundred 


and fifty-one and one-half (15114) feet above the city datum 


at Virginia avenue; to not less than one hundred and fifty-three 


and one-half (153%) feet above the city datum at Broadway, 
or Railroad avenue; to not less than one hundred and fifty-one 
and one-half (15144) feet above the city datum at Carolina ave- 
nue for the east track, and not less than one hundred and fifty- 
four (154) feet for the west track; to not less than one hundred 
and forty-nine and one-half (14944) feet above the city datum 
at Georgia avenue for the east tracks, and not less than one 
hundred and fifty-four and one-half (154144) feet for the west 


tracks. 


CITY ORDINANCES. 


961 


Sd EEEEsSySSgUnSs nS EROEREEEI 


Second—The Union Railroad Company, the Kansas City, Mem- 
phis & Birmingham Railroad Company and its lessee, the St. 
Louis & San Francisco Railroad Company, the Southern Rail- 
way Company, the Nashville, Chattanooga & St. Louis Railway 
Company and its lessee, the Louisville & Nashville Railroad 
Company, shall commence the elevation of their tracks and road- 
beds at a point approximately eight hundred (800) feet west of 
Florida street on Railroad avenue, or Broadway, where the road- 
bed and tracks of the said companies are at present elevated to 
the height of approximately one hundred and fifty-two and one- 
half (15214) feet above the city datum; and from said point 
the proposed elevated roadbed and tracks shall continue in an 
easterly direction to a point three hundred (300) feet from Por- 


ter street in the City of Memphis. The elevation of the base 


of the rails of said tracks shall be not less than one hundred and 


fifty-six and two-tenths (156 2-10) feet above the city datum at 
Florida avenue; shall be not less than one Radidred and fifty- 
three and one-half (153%) feet above the city datum at the 
point where said tracks cross the tracks of the Illinois Central 
Railroad Company, the Yazoo & Mississippi Valley Railroad Com- 
pany and the Chicago, St. Louis & New Orleans Railroad Com- 
pany; shall be not less than one hundred and fifty-three and 
one-half (15314) feet above the city datum at Main street; shall 
be not less than one hundred and fifty-two (152) feet above city 
datum at five hundred (500) feet east of Main street; shall be 
not less than one hundred and fifty-three (153) feet above the 
city datum at Rayburn boulevard; shall be not less than one 
hundred and fifty-six (156) feet above the city datum at Third 
street; shall be not less than one hundred and fifty-eight and 
five-tenths (1585-10) feet above the city datum at South Wel- 
lington street; shall be not more than one hundred and sixty-one 
(161) feet above the city datum at Mississippi boulevara; shall 


be not less than one hundred and sixty-three (163) feet above 
the city datum at Orleans street. 


SUBWAYS. 


Florida 
avenue. 
Broadway. 


Porter street. 


Florida 
avenue. 


I. ©. and 
Vea 
tracks. 


Main street. 


Rayburn. 


Wellington. 


Mississippi 
avenue. 


962 


CITY ORDINANCES. 


SUBWAYS. 


L. Ry 


Main street. 


Broadway. 


Calhoun. 


Carolina. 


Georgia. 


St. Paul. 


May change 
location of 
tracks. 


Material to 
be used in 
embank- 

ments, etc. 


N., C. & St. 


Third—The Nashville, Chattanooga & St. Louis Railroad Com- 
pany and its lessee, the Louisville & Nashville Railroad Com- 
pany, shall commence the elevation of their tracks and roadbed 
at a point on Broadway about five hundred (500) feet east of 
Main street, where their tracks begin to turn off from Broadway, 
and where Broadway is elevated under the present ordinance 
to a grade of approximately one hundred and fifty-two (152) feet. 
above city datum. From said point the proposed elevated road- 
bed and tracks shall continue in a northerly direction to their 


present terminus at Calhoun street, the said tracks and road- 


_ beds to be elevated and brought to such a grade as to bring 


the base of the rails of said tracks to an elevation of not less 
than one hundred and forty-nine (149) feet above city datum 
at Carolina street, to an elevation of not less than one hundred - 
and forty-seven (147) feet above city datum at East Georgia 
avenue, and to an elevation of not more than one hundred and 
forty-three (143) feet above city datum at Clay or St. Paul 


avenue. 


Fourth—Nothing in this ordinance shall prevent the com- 
panies mentioned herein from changing the location of the said 
tracks by the mutual agreement of those interested, as they may 
deem necessary; provided, that no change of location may be 
made that will prevent the separation of the grades of the said 


tracks as contemplated in this ordinance. 


The railway and railroad companies mentioned in this ordi- 
nance are hereby authorized to make such changes in position, 
number and alignment of their respective main and sidetracks 
and switch connections as may be desirable in order to carry 


out the provisions of this ordinance. 


Sec. 2. The embankment or embankments on which said ele- 
vated roadbeds shall be constructed within the aforesaid limits 


shall be composed of cinders, slag, sand, gravel, loam, broken 


CITY ORDINANCES. 


stone or whatever else may compose the surplus material exca- 
vated from the subways and from the foundation pits and 


-trenches along the line of the said work. 


The side slopes and lateral dimensions of said embankments 
will be fixed and determined by the natural angle of repose 
of the materials of which said embankment may be constructed, 
but whenever it may become necessary for the purpose of keeping 
said embankment entirely within the lines of the right of way 
of company or companies, such portions of said embankment 
at all such points shall be kept within said right of way lines, 
or they shall be confined between retaining walls of stone, con- 


crete or brick masonry. 


Sec. 3. The elevated tracks shall be carried across all inter- 
secting streets, avenues and alleys which, by the terms of this 
ordinance, are to be provided with subways on suitable bridges 
of steel with concrete foundations, or of reinforced concrete, the 
construction of the same to be made under the supervision of 
the City Engineer; and all tracks and structures shall be so con- 
structed as to prevent storm water, dirt, oil and other substances 
from dropping from such elevated structure upon the subway be- 
neath. At points where viaducts are to be constructed, they are 
to be of reinforced concrete or steel, and the said structure shall 


be subject to the supervision of the City Engineer. 


Sec. 4. First—Subways shall be constructed beneath the tracks 
of the Illinois Central Railroad Company, the Yazoo & Mississippi 
Valley Railroad Company and the Chicago, St. Louis & New 
Orleans Railroad Company, at Iowa avenue, at Carolina avenue, 


at Georgia avenue and at Virginia avenue. 


Second—Subways shall be constructed beneath the tracks of 
the Union Railway Company, the Kansas City, Memphis & Bir- 
mingham Railroad Company, its lessee, the St. Louis & San 


Francisco Railroad Company, the Southern Railway Company, 


963 


SUBWAYS. 


Slopes, ete., 
of embank- 
ments. 


Elevated 
tracks. 


Viaducts; 
material to 
be used. 


Subways at 
Iowa, 

Carolina, 
Georgia 

and Virginia. 


964 CITY ORDINANCES. 


SUBWAYS. 


the Nashville, Chattanooga & St. Louis Railway Company and 
Florida, Main, its lessee, the Louisville & Nashville Railroad Company, at Flor- 


Rayburn, 
pote ee ida avenue, at Main street, at Rayburn boulevard, at South 
rieans. 

Third street and at Orleans street; and a viaduct is to be con- 


structed across the tracks at Mississippi boulevard. 


Third—Subways shall be constructed beneath the tracks of 

the Nashville, Chattanooga & St. Louis Railway Company and 

Carolina, its lessee, the Louisville & Nashville Railway Company, at Caro- 
Georgia, Clay 

or St. Paul. lina avenue and at Georgia avenue, and the grade crossing at 


Clay or St. Paul shall be maintained. 


Sec. 5. First—The different subways, viaducts and crossings 
of the streets hereinbefore referred to in Section 4 of this ordi- 
nance, and which shall be constructed, shall as to their size, 
dimensions, locations and other details, be in accordance with 


the following schedule: 


Subway at Iowa avenue under the Illinois Central, Yazoo & 


Mississippi Valley, and Chicago, St. Louis & New Orleans tracks. 


Iowa ave- The present subway at Iowa avenue shall remain the same 
nue subway. 
as to width, and the walls of said subway are to be raised so 
as to support the tracks crossing the same, and so as to furnish 
additional head room of four feet. At this point the city is, at 
its own expense, to raise the bottom of the subway and to repave 


the same. 


aN MEAN: At Virginia avenue a subway is to be constructed under the 
z . tracks of the Illinois Central, the Yazoo & Mississippi Valley 
Railroad and the Chicago, St. Louis & New Orleans Railroad 
Companies. The elevation of the base of the rails is not to be 
less than one hundred and fifty-one and one-half (15114) feet 
above the city datum, and the depression of the street shall be 
sufficient to make the elevation of the subway not less than 
one hundred and thirty-three (133) feet above city datum. The 


level shall extend to the right of way lines of the tracks of said 


CITY ORDINANCES. 965 


SUBWAYS. 


companies. From this level to the east and west approaches 
shall extend on a grade not to exceed four (4) per cent., to form 


a connection with the present surface of streets and alleys. 
Width between walls of subway, sixty-five (65) feet. 
Width of roadway forty-five (45) feet in subway. 

Width of sidewalks, ten (10) feet in subway. 


Width of roadway and sidewalks, outside of right of way lines, 
shall be sixty-five (65) feet. 


The depression of the sidewalks shall be uniform with road- 
way, and about one and five-tenths (1.5) feet above the level 


of the roadway. 


The said companies may place steel or concrete supports in 


the curb line for their tracks. 


Clear head room, fourteen and one-half (14%) feet. 


Five years after the date of the passage of this ordinance, Subway, Caro- 
at Carolina avenue, a subway is to be constructed under the mort caer 
tracks of the Illinois Central, the Yazoo & Mississippi Valley and 
the Chicago, St. Louis & New Orleans Railroad Companies. The 
elevation of the base of the rails is to be not less than one 
hundred and fifty-one and one-half (15114) feet above the city 
datum for the east track, and one hundred and fifty-four (154) 
feet for the west tracks, and the depression of the streets shall 
be sufficient to make the elevation of the subway not less than 
one hundred and thirty-five and one-half (13514) feet above the 
city datum at the east and one hundred and thirty-eight (138) 
feet above the city datum at the west. These levels shall extend 
to the right of way lines of the tracks of the said companies. 

From these levels to the east and west approaches shall extend, 
on a grade not to exceed five per cent. for connection with Main 


street, as changed on the east, and not to exceed four (4) per 


966 CITY ORDINANCES. 


SUBWAYS. 


cent. for connection with the present surface of the streets and 


alleys west. 


Width between walls of subway, sixty-five (65) feet. 
Width of roadway, forty-five (45) feet in subway. 
Width of sidewalks, ten (10) feet in subway. 


Width of roadway and sidewalk outside of right of way lines 
Shall be sixty-five (65) feet. 


The depression of the sidewalks shall be uniform with the 
roadway, and about one and five-tenths (1.5) feet above the 


level of the same. 


The said companies may place steel or concrete supports in 


the curb line for their tracks. 
Clear head room, twelve (12) feet. 


Main street at Carolina avenue to be brought to an elevation 


of one hundred and forty-one (141) feet city datum. 


ae one At Georgia avenue a subway shall be constructed beneath the 
ae tracks of the Illinois Central, the Yazoo & Mississippi Valley, 
and the Chicago, St. Louis & New Orleans Railroad Companies. 
The elevation of the base of rail of the east track shall be not 
less than one hundred and forty-nine and one-half (149%) feet 
above the city datum; of the west track, not less than one hun- 
agred- and fifty-four and one-half (15414) feet above city datum, 
and the depression of the street shall be sufficient to make the 
elevation of the subway not less than one hundred and thirty- 
three and one-half (13314) feet at the east, and one hundred 
and thirty-eight and one-half (13814) feet at the west city datum, 
and between these points the bottom of the subway shall. be 
on a straight grade; from these elevations at the right of way 
lines the east and west approaches shall rise on a grade not 


exceeding five (5) per cent. to a connection with the street sur- 


CITY ORDINANCES. 967. 


SUBWAYS. 


faces at their present elevations, except that the grade of the 


west approach shall be level across Florida street. 


Width between walls of subway, sixty-six (66) feet. 


Width of roadway, forty-six (46) feet in subway. 
Width of sidewalk, ten (10) feet in subway. 


Width of roadway and sidewalk, outside of right of way lines, 
shall be sixty-six (66) feet. 


The depression of the sidewalks shall be uniform with the 
roadway, and about one and five-tenths (1.5) feet above the 


level of the same. 


The said companies may place steel or concrete supports on 


the’ curb line for their tracks. 


Clear head room, twelve (12) feet. 


Webster avenue, at the point where it is crossed by the tracks Me es, Ae 
of the Illinois Central, Yazoo & Mississippi Valley and the Chi- 
cago, St. Louis and New Orleans Railroad Companies, shall be 
closed. 
Clay avenue, at the point where it is crossed by the tracks Cine 
of the Illinois Central, the Yazoo & Mississippi Valley and the 2Y°nUe_ 
Chicago, St. Louis & New Orleans Railroad Companies, shall. 
be closed. 
At Florida street, a subway is to be constructed under the Ly sani 
tracks of the Union Railway Company, the Kansas City, Mem- 
phis & Birmingham Railroad Company and its lessee, the St. 
Louis & San Francisco Railroad Company, the Southern Railway 
Company and the Nashville, Chattanooga & St. Louis Railway 
Company and its lessee, the Louisville & Nashville Railroad Com- 
pany; the elevation of the base of the rails is not to be less 


than one hundred and fifty-six (156) feet above the city datum, 


968 CITY ORDINANCES. 


SUBWAYS. 


and the depression of the street shall be sufficient to make the 
elevation of the subway not less than one hundred and thirty- 
eight (138) feet above the city datum. The level shall extend 
to the right of way lines of the tracks of said companies, and 
from this level to the north and south the approaches shall 
extend on a grade not to exceed four (4) per cent. for connection 


with the present surface of the streets and alleys. 
Width between walls of subway, sixty (60) feet. 
Width of roadway, forty (40) feet in subway. 
Width of sidewalks, ten (10) feet in subway. 


Width of roadway and sidewalks, outside of the right of way 
lines, shall be sixty (60) feet. 


The depression of the sidewalks shall be uniform with the 
roadway, and about one and five-tenths (1.5) feet above the 


level of the same. 


The said companies may place steel or concrete supporis in 


the curb line for their tracks. 


Clear head room, fourteen (14) feet. 


Subway, At Main street a subway is to be constructed under the tracks. 
art sry” of the Union Railway Company, the Kansas City, Memphis & 
Birmingham Railroad Company and its lessee, the St. Louis & 
San Francisco Railroad Company, the Southern Railway Com- 
pany and the Nashville, Chattanooga & St. Louis Railway Com- 
pany and its lessee, the Louisville & Nashville Railroad Com- 
pany; the elevation of the base of the rails is not to be less. 
than one hundred and fifty-three and one-half (153144) feet above 
the city datum, and the depression of the street shall be suffi- 
cient to make the elevation of the subway not less than one 
hundred and thirty-five (135) feet above the city datum. The 


level shall extend to the right of way lines of the tracks of 


CITY ORDINANCES. | 969 


SUBWAYS. 


said companies; from this level to the north and south ap- 
proaches shall extend on a grade not to exceed three (3) per 
cent. to a connection with the present surface of the streets 


and alleys. 
Width between walls of subway, sixty (60) feet. 
Width of roadway, forty (40) feet in subway. 
Width of sidewalks, ten (10) fae in subway. 


Width of roadway and sidewalks, outside of the right of way 


lines, shall be feet. 


The depression of the sidewalks shall be uniform with the 
roadway, and about one and five-tenths (1.5) feet above the 


jevel of the same. 


The said companies may place steel or concrete supports in the 


curb line for their tracks. 


Clear head room, fourteen and one-half (14%) feet. 


At Rayburn boulevard a subway is to be constructed under Soibeb ghet it 
the tracks of the Union Railway Company, the Kansas City, Vv": 
Memphis & Birmingham Railroad Company and its lessee, the 
St. Louis & San Francisco Railroad Company, the Southern Rail- 
way Company and the Nashville, Chattanooga & St. Louis Rail- 
way Company and its lessee, the Louisville & Nashville Railroad 
Company; the elevations of the base of the rails are not to be 
less than one hundred and fifty-three (153) feet above the city 
datum, and the depression of the street shall be sufficient to 
make the elevation of the subway not less than one hundred and 
thirty-four and one-half (13414) feet above the city datum. The 
level shall extend to the right of way lines of the tracks of said 
companies; from this level to the north the approach shall 
extend on a grade not to exceed four (4) per cent. for connec- 


tion with the present surface of streets and alleys, and on the 


SUBWAYS. 
Subway, S. 


Third street. 


_ CITY ORDINANCES. 


south it shall be extended on a straight grade to an elevation 
of one hundred and forty-three (148) feet city datum at the 
north line of the right of way of the Illinois Central Railroad 
tracks into the feria station, being the elevation of the 
Sabwas to be constructed by the terminal company beneath the 


said Illinois Central Railroad tracks. 


Width between walls of subway, sixty (60). feet. 
Width of roadway, forty (40) feet in subway. 
Width of sidewalks, ten (10) feet in subway. 


Width of roadway and sidewalks, outside of the right of way 
lines, shall be sixty (60) feet. | 


The depression of the sidewalks shall be uniform with the 


roadway, and about one and five-tenths (1.5) feet above the 


level of the same. 


The said companies may place steel or concrete supports in 


the curb line for their tracks. 
Clear head room, fourteen and one-half (14%) feet. 


At South Third street a subway is to be constructed under 
the tracks of the Union Railway Company, the Kansas City, 
Memphis & Birmingham Railroad Company and its lessee, the 
St. Louis & San Francisco Railroad Company, the Southern Rail- 
way Company and the Nashville, Chattanooga & St. Louis Rail- 
way Company and its lessee, the Louisville & Nashville Hadiroat 
Company. The elevations of the base of the rails are not 
to be less than one hundred and fifty-six (156) feet above the 
city datum, and the depression of the street shall be sufficient 
to make the elevation of the subway not less than one hundred ~ 
and thirty-seven and one-half (13714) feet above the city datum. 
The level shall extend to the right of way lines of the tracks 
of said companies, and from this level to the makin the approach 


shall extend on a grade not to exceed two (2) per cent. for the 


CITY ORDINANCES. 


connection with the proposed surface of the streets, and to the 
south the approach shall extend on a straight grade to the bot- 
tom of the proposed subway to be constructed by the Memphis 
Terminal Company under their tracks, said elevation being one 
hundred and forty-five (145) feet above city datum at their 


north line. 


Width between walls of subway, sixty (60) feet. 
Width of roadway, forty (40) feet in subway. 
Width of sidewalks, ten (10) feet in subway. 


Width of roadway and sidewalks, outside of the right of way 
lines, shall be sixty (60) feet. 


The depression of the sidewalks shall be uniform with the 
roadway, and about one and five-tenths (1.5) feet above the level 


of the same. 


The said companies may place steel or concrete supports in 


the curb line for their tracks. 
Clear head room, fourteen and one-half (14%) feet. 


The above subway is to be constructed on the line of South 


Third street, as changed by the Memphis Terminal Company. 


South Fourth street, at the point where it is crossed by the 
tracks of the Union Railway Company, the Kansas City, Mem- 


phis & Birmingham Railroad Company and its lessee, the St. 


971 


SUBWAYS. 


South Fourth 
street closed. 


Louis & San Francisco Railroad Company, the Southern Railway ~ 


Company and the Nashville, Chattanooga & St. Louis Railway 
Company and its lessee, the Louisville & Nashville Railroad 


‘Company, shall be closed. 


-' At Orleans street a subway is to be constructed under the 


tracks of the Union Railway Company, the Kansas City, Mem- 


Subway, Or- 
leans street. 


phis & Birmingham Railroad Company and its lessee, the St. .. 


Louis & San Francisco Railroad Company, the Southern Railway 


972 


CITY ORDINANCES. 


SUBWAYS. 


S. Lauder 
street clo 


Viaduct, 
sissippi 
avenue. 


dale 
sed. 


Mis- 


Company and the Nashville, Chattanooga & St. Louis Railway 
Company and its lessee, the Louisville & Nashville Railroad 
Company. The elevation of the base of the rails is not to be 
less than one hundred and sixty-three (163) feet above the 
city datum, and the depression of the street shall be sufficient 
to make the elevation of the subway not less than one hundred 
and fifty and one-half (15014) feet above the city datum. The 
level shall extend to the right of way lines of the tracks of the 
said companies; from this level to east and west approaches. 
shall extend on a grade not to exceed five (5) per cent. for con- 


nection with the present surface of streets and alleys. 
Width between walls of subway, forty (40) feet. 
Width of roadway, thirty (30) feet in subway. 
Width of sidewalks, five (5) feet in subway. 


Width of roadway and sidewalks, outside of the right of way 
lines, shall be forty (40) feet. 


The depression of the sidewalks shall be uniform with the road- 
way, and about one and five-tenths (1.5) feet above the level 


of the same. 


The said companies may place steel or concrete supports in 


the curb line for their tracks. 
Clear head room, ten (10) feet. 


South Lauderdale street, at the point where it is crossed by 
the tracks of the Union Railway Company, the Kansas City, 
Memphis & Birmingham Railroad Company and its lessee, the 
St. Louis & San Francisco Railroad Company, the Southern Rail- 
way Company and the Nashville, Chattanooga & St. Louis Rail- 
way Company and its lessee, the Louisville & Nashville Railroad 
Company, shall be closed. 

At Mississippi boulevard a viaduct is to be constructed over 


the tracks of the Union Railway Company, the Kansas City, 


‘CITY ORDINANCES. 


ays 


Memphis & Birmingham Railroad Company and its lessee, the 
St. Louis & San Francisco Railroad Company, the Southern Rail- 
way Company, the Nashville, Chattanooga & St. Louis Railway 
Company and its lessee, the Louisville & Nashville Railroad 


Company. 


The elevation of the roadway of the viaduct, where it inter- 
sects East Railroad avenue, shall be approximately one hundred 
and eighty-five (185) feet, and the elevations of the base of the 
rails of the several tracks on East Railroad avenue beneath said 
viaduct shall not be more than one hundred and sixty-one (161) 
feet, providing a clearance between the tracks on East Railroad 
avenue and the structure of the viaduct is not less than twenty- 
one (21) feet. The approach from the south in Mississippi boule- 
vard shall have a four (4) per cent. grade, and those from the 


north a five (5) per cent. grade. 
Width over all of viaduct, forty-five (45) feet. 
Width of roadway, thirty-five (35) feet. 


Width of sidewalks, five (5) feet each. 


Sec. 5. Second. Be it further ordained, That the Nashville, 
Chattanooga & St. Louis Railway Company shall be required to 
elevate the plane of its roadbed and tracks at Carolina and Geor- 
gia avenues in the City of Memphis, so as to have the base of 
the rails of said tracks at Carolina avenue to be one hundred 
and forty-nine (149) feet above the city datum, and at Georgia 
avenue to be one hundred and forty-seven (147) feet above the 


city datum. 


The subways provided in Section 5, Second, shall, as to their 
size and dimensions, locations and other details, be constructed 


in accordance with the following schedule: 


Five years after the passage of this ordinance, at Carolina 


avenue, a subway is to be constructed under the tracks of the 


SUBWAYS. 


Carolina and 
Georgia 
avenues. 


Subway, Caro- 
lina avenue. 


974 CITY ORDINANCES. 


SUBWAYS. 
Nashville, Chattanooga & St. Louis Railway Company and its 
lessee, the Louisville & Nashville Railroad Company, the eleva- 
tion of the base of the rails not to be less than one hundred and 
forty-nine (149) feet above the city datum, and the depression 
of the street shall be sufficient to make the elevation of the 
Subway not less than one hundred and thirty-three (133) feet 
above the city datum. The level shall extend to the right of 
way lines of the tracks of said companies. From this level 
east and west approaches shall extend on a grade not to exceed 
five (5) per cent. for connection with the present surface of the 


streets and alleys. 
Width of walls of subway, sixty-five (65) feet. 
Width of roadway, forty-five (45) feet in subway. 
Width of sidewalks, ten (10) feet in subway, each. 


Width of roadway and sidewalks, outside of right of way 


lines, shall be sixty-five (65) feet. 


The depression of the sidewalks shall be uniform with the 
roadway, and about one and five-tenths (1.5) feet above the 


level of the same. 


The said companies may place steel or concrete supports in 


the curb line for their tracks. 
Clear head room, twelve (12) feet. 


Subway, Geor- At Georgia avenue a subway is to be constructed beneath the 
gia avenue. 


tracks of the Nashville, Chattanooga & St. Louis Railway Com- 


pany and its lessee, the Louisville & Nashville Railroad Com- 
pany. 


The elevation of the base of rail shall not be less than one 
hundred and forty-seven (147) feet above city datum, and the 
depression of the streets shall be sufficient to make the eleva- 


tion of the subway not less than one hundred and thirty-one 


CITY ORDINANCES. 


975 


(131) feet above the city datum. This level shall extend to 
the right of way lines of the tracks of said companies, and from 
this level east and west approaches shall extend on a grade not 
to exceed four (4) per cent. to a connection with the present 


street surfaces. 
Width between walls of subway, sixty-six (66) feet. 
Width of roadway, forty-six (46) feet in subway. 
Width of sidewalks, ten (10) feet in subway. 


Width of roadway and sidewalks, outside of right of way lines, 
shall be sixty-six (66) feet. 


The depression of the sidewalks shall be uniform with the 
roadway, and about one and five-tenths (1.5) feet above the 


level of the same. 


The said companies may place steel or concrete supports in 


the curb iine fer their tracks. 
Clear head room, twelve (12) feet. 


Webster avenue, at the point where it is crossed by the tracks 
of the Nashville, Chattanooga & St. Louis Railway Company, shall 


be closed. 


Clay or St. Paul avenue, at the point where it is crossed by 
the tracks of the Nashville, Chattanooga & St. Louis eiiway 
Company and its lessee, the Louisville & Nashville Railroad 
Company, shall be a grade crossing, with approaches on a grade 
of not more than three (3) per cent. to the east and west. Ele- 
vation of base of rail not more than one hundred and forty-three 


(148) feet above city datum. 


Sec. 5. Third. The grades of all streets that intersect the 
approaches to subways and viaducts, as provided for in this 
ordinance, shall be depressed or raised so as to conform to the 


srade of the approaches into such subways and viaducts. 


SUBWAYS. 


Webster ave- 
nue closed. 


St. Paul 
avenue grade 
crossing. 


Grade of 
approaches, 


976 


SUBWAYS. 


Street exca- 
vations. 


Gradients of 
sewers. 


Drainage 
of subways. 


Subways and 
viaducts. 


Structural 
requirements. 


CITY ORDINANCES. 


Sec. 6. All such excavations shall be made in the streets as 
may be required for the depression of such subways and the 
approaches thereto, but the depressed portion of the streets shall 
be restored to serviceable condition for the use of the public 
as soon as practicable, and all water pipes, conduits, sewers and 
other similar substructures belonging to the city, that may be 
disturbed by such excavations, or required to be moved or de- 
flected from the position in which they are found, shall be 
replaced, all suitable expedients and arrangements shall be de- 
vised and provided to restore them as fully as may be to their 
former state of usefulness, but the gradients of the sewers shall 
not be reduced in any event. All such work shall be done by 
the respective railroad and railway companies, as indicated in 
this ordinance, and at their sole expense, and under the imme- 
diate supervision and to the entire satisfaction of the City En- 


gineer. 


Sec. 7. Provision shall be made for the drainage of subways 
provided for in this ordinance, by the construction of suitable 
storm sewer drains, which shall be designed according to Mc- 


Math’s formula, as applied by the City Engineer. 


Sec: g. First. Subways and viaducts, and the approaches 
thereto, so to be constructed by said companies in said streets 
and avenues aforesaid, shall all conform to the following struc- 


tural requirements, namely: 


The subways and viaducts between the right of way lines shall 
be paved with vitrified brick on a six-inch concrete foundation. 
The curb shall be of granite, 6x20 inches, and the sidewalks shall 
be granolithic pavements of standard quality and workmanship, 
in compliance with city ordinances.. All work to be done in 
accordance with the requirements of the City Engineer; and the 
approaches of the subways shall be excavated to the grades 


established by this ordinance, and shall.be in all other respects 


being so excavated. 


CITY ORDINANCES. 977 
SUBWAYS. 

restored as nearly as may be to their former condition before 
Second. If the railroad companies fail or neglect to repair Improvements 


and keep in condition the improvements as herein provided for, 
the City Engineer may, after giving thirty days’ notice, have 
the work done and collect the expense thereof from the railroad 


company. 


Third. Wherever the streets, the grades of which are changed, 
are already paved and provided with sidewalks, such paving and 
sidewalks shall be restored with the same material with which 
they were paved before the grade was disturbed by the railroads, 


at their expense. 


Fourth. Said company or companies shall pave the entire 
length and width of the roadway in such portions of the subways 
as are required to be constructed by the said railway and rail- 
road companies or company, as is mentioned in this ordinance, 
except that such company or companies shall not be required 
to pave any part of the subways to be occupied by or adjacent 
to street railway tracks, which, by reason of existing laws 
or ordinances, it wi’l be the duty of any street railway company 


or corporation to pave. 


Fifth. Any street railway company occupying any of the 
streets of the City of Memphis, crossed by the elevated railway 
of any of said companies shall, when and as the grade of such 
street shall be changed, as in this ordinance provided, at its own 
expense, without claim for damages, conform the grade of its 
tracks or track to the said change of grade of said street, and 
nothing in this ordinance shall operate or be held to relieve such 
street railway companies from any liability now existing, how- 
ever created, to pave or bear the expense of paving, such streets 
between or on either side of the rails of its said tracks, in man- 


ner and form as now required. 


to be kept 
in good repair. 


Street grades 
changed. 


Paving 
required. 


Street car 
tracks to 
conform to 
changed 
grade, etc. 


978 CITY ORDINANCES. 


SUBWAYS. 


Plans to be Sec. 9. At least ten (10) days prior to the commencement. 
submitted to 


ae Engi- of any part of such work, the plans and specifications therefor: 
shall be submitted to the City Engineer for his examination, and, 
if found to be in accordance with the provisions of this ordi- 
nance, insofar as this ordinance contains specific provisions, if 
they shall be satisfactory to the City Engineer in regard to 
matters and details, which, by this ordinance, are left to his. 
discretion and judgment, such plans shall be approved by him, 
and, after such approval ait of the work outlined and included 
therein shall be constructed in strict conformity therewith, and 
shall be done and performed under his superintendence and sub- 


ject to his inspection, approval and acceptance. 


Temporary Sec. 10. Permission and authority are hereby given to said. 


authority to ; 
obstruct companies, whenever the same shall be necessary in the prose- 


streets, ete. 
cution of the work they are herein authorized or required to. 


perform, to obstruct temporarily any public street, avenue or 
alley to such extent and for such length of time as may be ap- 
proved by the City Engineer; and they are also hereby author- 
ized, whenever the same may become necessary, to erect and. 
maintain temporary structures and false work in any of said 
streets and avenues during the construction of their said ele- 


vated railroads, subject to the like approval of the City Engineer. 


When tracks Sec. 11. When the said several railroads in Section 1-of this. 
have been 

ae : old ordinance mentioned shall have elevated their respective tracks. 
regulating 
speed, flag- 
men, etc., ae : 
shall cease. ready for use, then and thereupon all provisions of the ordinance: 


in accordance with this ordinance, so that the same shall be 


of the City of Memphis relating to the speed of railway trains, 
the number of cars to constitute a train, the ringing of locomo-. 
tive bells, the use of train or engine lights, the sounding of sig- 
nals before starting trains and the maintenance of gates, flag-. 
men, watchmen, signals and signal towers, shall cease to be 
applicable to said railroads within the limits in which the tracks: 


are so raised or depressed. Whenever said railroads shall be: 


CITY ORDINANCES. 


elevated, depressed or walled in, or where the same is free from 
grade crossing, this ordinance shall be in force, as far as is now 
applicable; provided, however, this ordinance is not to be con- 
strued as a waiver or surrender by the City of Memphis of any 
of its police powers, or of the right at any time hereafter to 
pass necessary and reasonable police ordinances in relation to 


the matters last above enumerated. 


After such elevation it shall be unlawful for any person or 
persons, save employes of said company, or either of them, in 
the discharge of their duties, to enter or be upon or to walk 
along or across the said elevated structure or roadway at any 
place. If any person shall willfully trespass upon said elevated 
roadway, such person, and all others aiding, abetting or assisting 
therein, shall be liable to a fine of not less than one dollar 
($1.00) nor more than fifty dollars ($50) for each and every 
offense. 

Sec. 12. In consideration of the construction of the subways 
and viaducts hereinbefore set out, the city undertakes and agrees 
that it will not, within ten (10) years hereafter, require, or at- 
tempt to require, said railway or railroad companies, at their 
expense, to build any additional or other subways than those 


in this ordinance provided for, between the following points: 


Iowa avenue on the south, on the lines of the Illinois Central, 
the Yazoo & Mississippi Valley and the Chicago, St. Louis & New 
Orleans Railroad companies, and the Nashville, Chattanooga 
& St. Louis Railroad Company and its lessee, the Louisville & 
Nashville Railroad Company, to Calhoun street; on the north, 
covering the lines of the said companies, as they now exist, but 
not including Calhoun street; on Railroad avenue, between Flor- 
ida avenue on the west and Porter street on the east. 

Sec. 13. First. The work of constructing the subways and 
viaducts herein provided for shall be begun within ninety (90) 


days from final passage of this ordinance, and the subways and 


979 


SUBWAYS. 


Unlawful to 
walk along 
elevated 
tracks, 


No addition- 
al subways 
for ten years 
within ter- 
ritory. 


Limitation 
of time to 
commence 
work and 
time of 

completion. 


980 


CITY ORDINANCES. 


SUBWAYS. 


To complete 
work at Ray- 
burn and Mis- 
sissippi ave- 
nue within 
one year. 


viaducts on Railroad avenue shall be constructed so that two 
subways, or one subway and one viaduct, shall be completed 
within each twelve months after the final passage of this ordi- 
nance, and an equal number shall be constructed within the Sains 
time by the Illinois Central Railroad Company, the Yazoo & 
Mississippi Valley Railroad Company and the Chicago, St. Louis. 
& New Orleans Railroad Company beneath their tracks, and the 
Nashville, Chattanooga & St. Louis Railway Company hall con- 
struct the subway beneath its tracks at Georgia avenue within 


one year. 


Provided, That the railroad and railway companies above: 
mentioned, having or leasing tracks on Railroad avenue shall 
construct and complete within the first year after the final pass- 
age of this ordinance the subway at the intersection of Rayburn 
boulevard and Railroad avenue, and the viaduct at the intersec- 


tion of Mississippi boulevard and said Railroad avenue. 


Second. The railway or railroad companies mentioned in this. 
ordinance, that are required to elevate their roadbeds and 
tracks, shall fully and finally complete the work of elevation 
on or before the first day of January, 1912, unless prevented by 
strikes, riots or restrained by injunction or other order of process. 
of a court of competent jurisdiction. The time during which 
said companies are prevented by strikes, riots, legal process, 
or by reason of obstruction of pipes, conduits, wires on property 
of private owners or individuals, or by reason of any delay on 
the part of the City of Memphis, or any of its officers, to per- 
form the duties imposed upon the city and its officers by this. 
ordinance, shall be added to the time during which said compa-. 
nies are required by the ordinance to complete said work; pro- 
vided, that in a case where the said companies are delayed by 
legal process or proceeding, that they shall give notice to the 
City of Memphis, and the city shall have the right to intervene 


by its attorneys and move for a dissolution of the injunction,. 


CITY ORDINANCES. 


981 


restraining order, or of other proper orders in such suits, and 


take steps to terminate the same. 


Sec. 14. Each and every one of the companies required by 
this ordinance to elevate its tracks shall do its portion of the 
work in accordance with the terms hereof, in apt and proper 
time, so as not to interfere with the proper and orderly prose- 
cution of such work as a whole. Should any company fail or 
neglect so to prosecute its work, the City Engineer shall have, 
and is hereby given, the right, power and authority to give ten 
(10) days’ notice, in writing, to such delinquent company to 
prosecute its work. If such company shall fail or neglect to 
comply with said notice, the City of Memphis may take charge 
ot and cause such work to be done, and the expense thereof shall 


be thereupon paid by such delinquent company. 


Sec. 15. Be it further ordained, That in the construction ot 
the subways and the viaducts herein provided to be constructed 
upon Broadway or Railroad avenue between Kentucky avenue 
on the west and Porter avenue on the east, that the viaducts 
and abutments of the subways, and the subways themselves, 
shall be constructed of a sufficient width to accommodate the 
seven railroad tracks already located upon Broadway, or Railroad 
avenue; and in addition, to accommodate, support and cross 
over tracks which may hereafter be laid upon the space be- 
longing to the City of Memphis in said Broadway, or Railroad 


avenue. 


Sec. 16. Be it further ordained, That the expense of the con- 


struction of the subways shall be borne as follows: In all in- 
stances where the street railway or interurban tracks occupy 
the streets to be crossed by the tracks of the commercial ra1l- 
road companies, all the expense of the construction of abut- 
ments, of approaches, excavations, paving and the payment of 


incidental damages to property holders, resulting from injury 


SUBWAYS. 


Each com- 
pany to do 
its portion 
of the work 
promptly, ete- 


Widths of 
subways and 
viaducts. 


Expense of 
subways— 
how to be 
borne. 


982 


CITY ORDINANCES. 


SUBWAYS. 


to property by reason of the construction of such subways, shall 
be divided between the railroad companies, the City of Memphis . 


and the street car companies, as follows: 


The commercial railroad companies shall bear one portion of 
the expense for each track owned by them, which crosses such 
subway; the City of Memphis shall bear one portion for the space 
reserved by it on Broadway, or Railroad avenue, and the street 


railway company, or interurban company, shall bear one portion 


for each track owned by it, crossing beneath such subway. ‘The 


respective commercial railroad companies shall provide their 
own girders and floor system for their tracks crossing such sub- 


ways. 


In the construction of viaducts over the tracks along Broad- 
way, or Railroad avenue, the expenses of constructing approaches, 
abutments to viaducts, and the payment of incidental damages to 
property owners for damages done to the property abutting on 
said street, by reason of the construction of said viaduct, shall 
be paid for in the same proportion as hereinbefore provided for 
the payment of the expenses in the construction of subways upon 


Broadway, or Railroad avenue. 


In all cases where the street railway company, or the inter- 
urban company, does not cross the track, or occupy the subways, 
or viaducts, they shall not be required to contribute to the ex- 
penses incurred relative to the viaducts or subways not occupied 


by them. 


Sec. 17. Be it further ordained, That in the construction of. 


the subway beneath the tracks of the Illinois Central, the Yazoo 


& Mississippi Valley and the Chicago, St. Louis & New Orleans 


Railroad Companies between Iowa avenue on the south and Cal- 


houn avenue on the north, that the expense of constructing the 


abutments, the approaches, the paving of the subways, and the 


payment of incidental damages to the owners of abutting prop- 


CITY ORDINANCES. 


983 


ERECTION AND MAINTENANCE OF POLES. 


erty injured by the construction of the subway, the respective 
railroad companies shall pay one portion for each track crossing 
said subway, or viaduct, and the street railway company, or 
interurban company, where their tracks occupy the subways, 
shell pay one portion for each track so occupying the subway 
under the tracks of the said commercial railroad companies. 
Each. railroad company shall provide its own girders and floor 


system for its tracks crossing such subways. 


Sec. 18. Be it further ordained, That this ordinance go into 


effect from and after its passage, the public welfare requiring it. 


Passed final reading Tuesday, August 3, 1909. 
JAMES H. MALONE, Mayor. 
Attest: ENNIS M. DOUGLASS, City Register. 


AN ORDINANCE. 


AN ORDINANCE To provide rules for the erection, resetting and 
maintenance of poles used for the stringing of wires of tele- 
phone, telegraph, electric light or power companies or street 


railway companies within the City of Memphis. 


Section 1. Be it ordained by the Legislative Council of the 
City of Memphis, That the following rules shall obtain for the 
erection, repairing, replacing and maintenance of poles in the city 


of Memphis, which are used for the stringing of wires thereon: 


(a) That after the passage of this ordinance no poles used 
for the stringing of wires of telephone, telegraph, electric light 
or power, or street railway companies, or any other concern using 
same, shall be erected or reset, or replaced, without permission 


from the Board of Fire and Police Commissioners. 


(b) That in future all such poles shall be erected or reset 
or replaced under the rules of the joint pole construction as herein 


set forth. That whenever a new line of poles is to be erected, or 


984 


CITY ORDINANCES. 


ERECTION AND MAINTENANCE OF POLES. 


whenever by reason of street improvements, existing lines of poles 
are to be replaced, moved or reset, or whenever due to the danger- 
ous condition by reason of age or deterioration, in which case the 
Board of Fire and Police Commissioners shall have power to 
order the same replaced, then any such pole or poles shall be 
constructed under the joint pole construction rules, provided that 
the Board of Fire and Police Commissioners shall have power 
and it shall be their duty to order such construction when in 


their judgment it shall be deemed advisable. 


(c) That such joint pole construction shall consist of poles 
of ample size and length to carry the wires of two or more com- 
panies using the same street, and that the wires of the electric 
light and power companies when such poles are to be used by 
them, shall have their wires strung at the top sections of poles, 
and shall not come closer than three feet to any wire of tele- 
phone or telegraph companies or companies using wires carry- 
ing a current of low potential, and that the wires of the street 
railway companies using a voltage of not over 500 volts shall 
be located or strung at the lower section of poles not closer than 


three feet to wires of any other company using such poles. 


(d) That whenever the Board of Fire and Police Commis- 
sioners shall decide that poles shall be erected under the joint 
pole construction, and that all companies concerned shall agree 
on the space necessary to carry their respective wires, and shall 
also agree as to pro rata of expense for the erection of such 
poles; that whenever they shall not be able to come to a con- 
clusion, then the Board of Fire and Police Commissioners shall 
have power to decide such matters or to appoint an arbitration 
committee composed of as many members as they shall see fit, 
to settle and adjust all such disputed questions, and their report 


or finding shall be final. 


(e) That whenever any company or companies shall fail to 


comply with the provisions of this ordinance, then the Board 


CITY ORDINANCES. 


985 


ERECTION AND MAINTENANCE OF POLES. 


of Fire and Police Commissioners shall have authority to remove, 
or have removed, any pole or poles which are permitted to exist 
after such improvements have been ordered, or which have been 
erected without having first secured the permission to do so, as 
provided akove, provided that the Board shall first give written 
notice to the offending party, in which 30 days shall be allowed 


in which to do such work. 


(f{) That before any permission is given to erect any pole 
in the City of Memphis, or to reset or replace any pole or poles, 
that provision shall be made by reserving proper space and 
furnishing all cross-arms, pins and supports to carry all wires 
mor the fire and police telegraph and telephone systems of the 
City of Memphis, and that such space shall be under the wires 
of the electric light and power companies, when used by such 
companies, and that there shall be reserved a space of not less 
than three feet above and below such wires of the City of Mem- 
phis, and that the wires of no other company shall approach 
such wires of the City of Memphis closer than three feet. That 
whenever any pole or poles are used exclusively for telephone or 
telegraph companies, then such space shall be reserved at the 
top of all such poles for the use of the wires of the City of 
Memphis. 


(g) That the erection of all poles or pole lines, and the 
removal, resetting or replacement of all such poles shall be done 
under the supervision of the electrician of the Fire’ and Police 
Department, under the direction of the Board of Fire and Police 
Commissioners, and all permits for the erection, removal or 
replacement, or resetting of poles, shall be countersigned by the 
electrician of the Fire and Police Departments. That all space 
used for wires of the fire and police telegraph and telephone 
systems and reserved for the same on all holes erected, shall be 
done under the supervision and by direction of the electrician 


of the fire and police departments. 


986 


CITY ORDINANCES. 


STREET IMPROVEMENT BONDS. 


Sec. 2. Be it further ordained, That this ordinance take effect 


from and after its passage, the public welfare requiring it. 


Passed final reading September 4, 1909.° 
JOHN T. WALSH, Acting Mayor. 
Attest: ENNIS M. DOUGLASS, City Register. — 


AN ORDINANCE. 

AN ORDINANCE To provide for the issuance of $425,000.00 of 
street improvement bonds of the City of Memphis, under an 
act of the General Assembly of the State of Tennessee for 1909, 
Chapter 587, amending Chapter 11 of the Acts of 1879. 


Section 1. Be it ordained by the Legislative Council of .the 
City of Memphis, That under and by authority of the provisions 
of Chapter 587 of the Acts of the General Assembly of the State 
of Tennessee for the year 1909, amending Chapter 11 of the Acts 
of 1879, the City of Memphis will issue, and the Mayor and City 
Register of said city are hereby authorized to execute and deliver, 
$425,000.00 in street improvement bonds, negotiable and payable 
to bearer, the same to be issued and the proceeds thereof to be 
used exclusively in the cost of the improvement of the streets 


of Memphis. 


Sec. 2. Be it further ordained, That said bonds shall be issued 
in the denominations of $1,000 each, dated the 1st day of August, 
1909, bearing interest at the rate of 41%4 per cent. per annum, pay-- 
able semi-annually on the ist day of February and August of 
each and every year, and said bonds shall be signed by the Mayor 
and by the Register of the City of Memphis, and the interest 
coupons attached to said bonds shall bear the lithographed signa- 
ture of the Mayor. Ali of said bonds shall mature and be due 
and payable on the ist day of August, 1944, without option of 
prior payment; and said bonds and interest coupons shall be 


payable at the city hall in Memphis, Tenn., or, at the option of 


CITY ORDINANCES. 


987 


STREET IMPROVEMENT BONDS. 


the holder, at the United States Mortgage and Trust Company, 
in New York; and said bonds, both principal and interest, shall 


be payable in lawful money of the United States of America. 


Sec. 3. Be it further ordained, That said bonds and coupons 
thereto attached shall be substantially in form as set forth in 


said Chapter 587 of the Acts of 1909, above referred to. 


Sec. 4. Be it further ordained, That the Mayor of the City of 
Memphis shall cause said bonds and coupons to be properly litho- 
graphed, and said bonds shall all be signed by the Mayor and 
the City Register, and the corporate seal of the city shall be 
affixed thereto. — 


Sec. 5. Be it further ordained, That said bonds shall be sold 
at public sale, whereof due notice shall be given by advertisement 
in a daily paper published in Memphis, Tennessee, inviting sealed 
bids, which advertisement shall be published in the issues of Oct. 
8th, 9th and 10th, 1909, of such paper. 


The sealed bids shall be filed with the City Register not later 
than 12 o’clock, noon, of Oct. 11th, 1909. Said bonds shall not 
be sold below the par or face value thereof and accrued interest, 
and free from any sale commission or brokerage. The right to 
reject any and all bids shall be reserved. 


Sec. 6. Be it further ordained, That the proceeds of said bonds 
shall be used for the sole and exclusive purpose of improving 
streets in the City of Memphis. 


Sec. 7. Be it further ordained, That the full faith and credit 
of the City of Memphis is hereby pledged for the payment of the 
principal and interest of said bonds as the same respectively 
become due, and for the levy and collection of sufficient taxes 
for that purpose. 

Sec. 8. Be it further ordained, That all ordinances or parts of 


ordinances in conflict with this ordinance be and the same are 
expressly repealed. 


Sec. 9. Be it further ordained, That this ordinance take effect 
from and after its passage, the public welfare requiring it. 


Passed final reading October 7, 1909. 


‘988 


CITY ORDINANCES. 


STREET IMPROVEMENT BONDS. 


AN ORDINANCE. 


AN ORDINANCE Authorizing the issuance and sale of street 


improvement bonds of the City of Memphis, Series 2 of 1909, 


and providing means to pay not exceeding two-thirds of the 


estimated cost of certain street improvements, pursuant to 


Chapter 341 of the Acts of the General Assembly of the State 


of Tennessee of 1907, as amended by Chapter 109 of the Acts 
of 1909. 


Section 1. 


Be it ordained by the Legislative Council of the 


City of Memphis, That it hereby estimates the cost of the various 


street improvements, hereinafter mentioned, the number of the 


ordinance being given, the name of the street improved and the 


points between which the improvements are made, as follows: 


Estimated cost. 


Total. 


Ordinance 
No. Street. 
51 Tucker street, between Union and Poplar avenues.$ 8,462.50 


54 


55 


56 


57 


58 


59 


60 


62 
63 


Mansfield street, between Harbert and Central ave- 


Monroe avenue, between Lumpkin street and 
Goodwin. property. . soc... oe ee eee 
S. Barksdale street, between Madison and Union 


AVCTUCG ir. aie eevee. ooh ere eo) wile ole tele ese) ey el ailis) als nelle OMe 


Nelson avenue, between Tanglewood and Cooper 
SUT COES iT sce Sree oc ehs We Ws; ape ak wee gallo shatter 
Cowden avenue, between Tanglewood and Cooper 
Streets | igi qa eS ie loa cian pb ease ee 
Overton Park avenue, between Waldran Boule- 
vard and N: Montgomery street............... 
Porter street, between Dixon and Williams streets 


Mississippi Boulevard, between Iowa and Trigg 
AVENUES, ora ORE ple ee arabs aaa ee eee 


4,657.50 


2,995.50 


3,031.85 


2,810.00 


2,141.95 


3,052.50 


6,912.00 
10,376.19 


38,343.52 


CITY ORDINANCES. 989 


STREETS TO BE IMPROVED. 


Ordinance Estimated cost. 
No. Street. Total. 


64 Alston avenue, between Driver and Porter streets $18,418.40 
65 Walnut street, between Union and Dixon avenues’ 33,481.30 
66 Polk avenue, between Lauderdale and Walnut 

mem CS rice gis. 1. 2G Sas A alics Sx0 0s 8, tun FFT [te ws ehn a ER 16,145.52 
67 Lauderdale street, between Mississippi and Pop- 

PC MUIVALC Sache oh ele oo ho alk Silo ever ovel and eat were Alero ach aie 89,397.00 
68 Rayburn Boulevard, between Calhoun avenue and 

ITIP CEL V GILG) 5 5 aes ents nase 00 €/ spelen sso sh 38,356.50 


69 E. McLemore avenue, between Rayburn and Mis- 


eM MTUI ESCO IOV ATU [oer arcs 5 ofan» op ekevses one spare’ 6 47a o's 38,982.63 
‘70 ' Beale avenue, between Orleans street and Walnut 

a ee, eM ER ei et Asie o. oce ene ‘alas do ace \e'ahacs a) 3.6 7,189.05 
71 +N. Main street, between Poplar avenue and Keel 

SEINE TA MPEP E SE ar goo 5 args. os b. sireie's opie. le aT. ei0,\e 6 35,430.50 
72 York avenue, neiavecn S. McLean and S. Barksdale 

ERG ee arses oe tel ePe, a a, hele a af ertlcys ¢ a ore 0 3,562.20 
73 +%S. Lauderdale street, between Iowa avenue and 

Hm McLemore avenue ........... ; eevee et eeeee 12,248.83 
74 Monroe avenue, between Waldran and Bellevue 

a ARNIS Se GS ic ai raed BaP hy ia a coe bate aR 3,762.00 
75 Edith avenue, between S. Third and S. Welling- 

MEE OSM ech Sela seta eM ight dun orgy are harass Matec eo 3,179.00 


76 Union avenue, between Wellington and Marshall 
RTE TS NE eee alot te a as ARETE Gdn cn hale eve eve ¢he ace 10,126.61 


77 N. Manassas street, between Poplar and Jackson 
eT eta ook Seer Siccet sa ak ares Cee ain't one 9 8s 21,010.00 


78 Somerville street, between Carr and Jefferson 
EM ete reas tn cass, is ah oPaeliaa.g, proke ac stern. ve 9 a's 12,729.92 


79 Watkins street, between Poplar and Peabody ave- 
Ag Ee eae Paid seeds iy. oie whe Ro wieoas din oa oe 8,519.94 


80 Dixon avenue, between Porter and Walnut streets 2,035.77 


81 Peabody avenue, between LeMaster and McLean 
ESO RO es Re eet serrate ch 5 faa) c) ota'a A coe Sida enue 0 ene 11,607.97 


990 


CITY ORDINANCES. 


STREETS TO BE IMPROVED. 


Ordinance 
No. Street. 
82 E. Cocke Place, between Rayburn and Latham 


83 
84 


86 


87 


88 


89 


90 


iE 
92 


93 


94 


95 


96 
97 


98 


99 
100 


102 


street). dil. We BO inl oe $ 
Seventh street, Jackson avenue to city limits.... 
Evergreen street, between Poplar and Summer 
aventies ~ > ei word wee Oe aa 2 er 
Monroe avenue, between Claybrook and Cleveland 
AVENUES... aid aioe wiup.o 9 la\lhles eS wablownl ostebts a) waaiee eee 
Nelson avenue, between Roland and Tanglewood 
SULVeets sei bs ke Sie Se bs ene cee eeca ote ae ae ee 
Vesey avenue, between Rozelle street and Emmie 
StL OOT sols sce eevee hal ahel'a Buen ayy oof to tall e e ate mene ont nanan 
Euclid avenue, between Lamar avenue and Em- 
MIC AVENUC .. 55 cole ade cles vacntia @ ob Oerenaes een 


Rozelle street, between Central and Lamar ave- 


Kyle street, between Evelyn and Lamar avenues. . 
Lamar avenue, between Central avenue and city 
VMAS op 2 sh hao Peers 8 bie a ane ae 
N. Third street, between Poplar avenue and Ad- 
AMS \AVENUC 3 ahs oe ee ee ee oe 
Pennsylvania street, between W. Georgia and W. 
TOW, “AVETUCS i.e din» ef wee eee 
Looney avenue, between Manassas and Decatur 
SETCCUS (8. a cded 5 tae <p wcacly Geka sere lover as atte og atees Uist cee 
S. Beach Place, between Saxon and Edith avenues 
E. Glennwood Place, between Belvedere and prop- 
erty lying east of Anderson street............. 
S. Third street, between Union and E. Georgia, 
AVENUES fs eek ew tig nme ay acme ee ene 
Leath street, between Jackson and Keel avenues.. 
Washington street, between N. Front and N. 
Manassas Streets fini dic iehs oe wa ardcleee oe 
S. Rembert street, between Madison avenue and 
Union avenue) oc es ee ee a 


Estimated cost. 


Total.. 


3,186.61 
37,099.48 


6,901.18, 
1,838.60 
14,579.40 
3,376.78 
6,285.48 


8,294.77 
6,264.60 


59,329.05 
4,597.45 
5,075.68 


5,679.85 
782.10 


2,174.48 


27,286.88 
5,283.30 


63,662.50 


2,800.87 


CITY ORDINANCES. 991 


STREETS TO BE IMPROVED. 


Ordinance Estimated cost. 
No. Street. Total. 


103 N. and S. Waldran Boulevard, between Poplar and 

ePOPEITUMCU WE TGR tre kth isack atersry fat erete ae 4 eke ee cnet $ 20,856.00 
104 E. McLemore avenue, between Mississippi and 

PEM TIME SULTON histia Sirtcickets Bove it eae ae scot’ s asle a else 44,431.00 
105 S. Wellington street, between Vance and Missis- 

USES EM ENC OUIIIOS Perec ate Silas ab 6a cal ecee deeb acetone ie se couie.'s 10,527.00 
106 Monroe avenue, between Orleans and S. Waldran 

PAOUIGVATN eh. fb tun'sts ce olat a's PEO Liste ole a ahsite wa 11,773.50 
107 Roland street, between Central and Lamar avenues 4,904.02 


108 S. Orleans street, between Tate avenue and HE. 
er EC aie VOULIIO orn wie csee erslake aa oles are ee 3,848.63 


Pa ree ig eich ere Mieke cle soe, Gace athe, aie wel als 4,933.82 
8 York avenue, between Roland and Rozelle streets 1,453.01 


‘20 Merriwether avenue, between Waldran and Deca- 
BRNTMREE YT CLLILOR cacvenhe' yiddciate sie 'r 4 bis) < kls: x00 0 Go o,.0. 0,805 papatere 2,781.11 


21 N. Cochran Place, between Poplar and Merri- 
RTT T RELVETHILCHh terete eres Wie: ens) cle aio tas 0a tine nie faree & 1,877.37 


23 Harbert avenue, between S. Willett and S. Belve- 


PEO EEOUIGVATU telte cot chs chase ale ea wie ok oe ele g 2,884.76 
25 Marks street, between Madison and point 390 feet 

DSLR Canoe ins atite ae Vidiel ode Ky ake ele al a 1,334.80 
28 Breedlove street, between Jackson and Vollentine 

PUM PITAL OR erate a sig 0 Wats Seale hla He a 2's w wisi co 8 aca Vise eee oe 12,254.00 
29 Morrison street, between Madison and Union ave- 

SOLES) gen ae eae Oa ERS Cf OP ge ga Pane a eae 2,528.71 
33 Polk avenue, between Neptune and East streets... 1,008.35 
36 Vinton avenue, between Diana and S. Cooper 

SET EST GA ACRE RC CC CNC ES STAMP I Ws ge SA co 3,193.99 
42 College street, between Walker and McLemore 

RUM RNAP MET tcc i Lalo te wi tig. Ws «lof adi ate dee sc be lene © 4 @ 3,875.00 


45 Court avenue, between N. Somerville and N. Wal- 
em EMOMLIO ELE CLAN tate ce u's, fro Soe PoP ae ois Shoes whe ‘1,846.47 


992 CITY ORDINANCES. 


STREET IMPROVEMENT BONDS. 


Ordinance Estimated cost. 


No. Street. Total. 
47 Saxon avenue, between Neptune and College ave- 
TNUCS (on o-s 53 05 ob we ee EF oese wie oe ea ieee $ 1,856.56 


48 East street, between Grove and Southern railway 3,485.00 


49 N. and S. Rembert street, between Union and 


Peabody. AVENUES scsi e 2OOLLE 

50 S. Willett street, between Southern railway and . 
City’ Limits see See ee eee 5,581.00 

52 Linden avenue, between Rembert and Cooper 
SUP CUS ods. ks aoe gee we wre: pois eps ee) eaten 4,564.78 

53 Claybrook street, between Poplar and Peach ave- 
TUES oe oe wes e obo ab aly we ele eo ene ty wv cbacgue ge one ae 4,573.00 
Total. estimated Cost. is... ss. ss > 56 6s ae eee $872,399.30 


Sec. 2. Be it further ordained, That under and by authority 
of the provisions of said Chapter 341 of the Acts of the General 
Assembly of the State of Tennessee for the year 1907, as amended 
by Chapter 109 of the Acts of 1909, the City of Memphis will 
issue and the Mayor and Register are hereby authorized to 
execute and deliver $581,000.00 in street improvement bonds, 
which does not exceed two-thirds of the cost of said improve- 
ment; negotiable and payable to bearer, and same to be issued 
and the proceeds thereof to be used exclusively in the payment of 
the cost of the improvement of the streets last above referred to, 
and more particularly described in the ordinances hereinbefore 
recited. 

Sec. 3. Be it further ordained, That said bonds shall be issued 
in denominations of $1,000.00 each, and shall be dated the ist 
day of August, 1909; one-fifth of said bonds shall mature in one 
year, one-fifth in two years, one-fifth in iret years, gneneik in 
four years, and one-fifth in five years from their date, without 
option of prior redemption; they shall bear interest at the rate 
of 6 per cent. per annum, to be evidenced by attached coupons 
maturing semi-annually on the first days of February and August 


in each year; principal and interest thereon shall be payable 


CITY ORDINANCES. 


993 


STREET IMPROVEMENT BONDS. 


at the city hall in the City of Memphis, Tenn., or at the office 
of the United States Mortgage and Trust Company, in the city 
of New York, at the option of the holder. 


Sec. 4. Be it further ordained, That the proceeds arising from 
the collection of assessments levied or to be levied for the im- 
provements hereinbefore referred to, be and the same are hereby 
set apart as a fund, pledged for the payment of the principal and 
interest of said bonds, and the full faith and credit of the City 
of Memphis are hereby pledged for the payment of said principal 


and interest. 


Sec. 5. Be it further ordained, That the form of said bonds 
and coupons shall be substantially as.now set forth in said 
Chapter 109 of the Acts of 1909 of the General Assembly of the 


State of Tennessee. 


Sec. 6. Be it further ordained, That the Mayor of the City of 
Memphis shall cause said bonds and coupons to be properly 
lithographed, and said bonds shall all be signed by the Mayor 
and the City Register, and the corporate seal of the City of 
Memphis shall be affixed thereto. 


Sec. 7. Be it further ordained, That said bonds shall be sold 
at public sale, whereof due notice shall be given at least twenty 
days by and after inviting sealed bids by advertisement in a daily 
paper published in Memphis, Tenn., or the Mayor may, in his 
discretion, advertise said sale in some paper published in New 
York. Said bonds shall not be sold below the par or face value 
thereof, and accrued interest, and free from any sale commission 
or brokerage. The right to reject any and all bids shall be 


reserved. 


994 CITY ORDINANCES. 


WATER FURNISHED FREE TO ORPHAN ASYLUMS, ETC. 
Sec. 8. Be it further ordained, That this ordinance shall take 


effect from and after its passage, the public welfare requiring it. 


Passed final reading September 9, 1909. 
JOHN T. WALSH, Acting Mayor. 
Attest: ENNIS M. DOUGLASS, City Register. 


WATER. DEPARTMENT. 

Section 1. Be it resolved by the Legislative Council of the 
City of Memphis, That the Board of Water Commissioners is 
hereby empowered and directed to furnish to orphan asylums 
or other charitable institutions for the care of persons who are 
helpless either from infancy or old age, also the House of the 
Memphis Salvage Corps, such water supply as may be reason- 
ably necessary, free of charge, and that the Water Department 
be instructed to act under the provisions of this resolution. 


Adopted July 7, 1904. (Book F, page 350.) 


CONTRACTS. 


The following pages under ‘‘Contracts’’ embrace 
all contracts of an important and permanent nature 
entered into by the City of Memphis since the com- 
pilation of the Watkins’ Digest of 1902. 


All contracts in the Watkins’ Digest are omitted 
in pursuance to a resolution adopted by the Council 
and set out in the introductory hereto, hence only 


memorandum references of such contracts are given. 


A contract between the City and the Tennessee 
Midland Railroad Company, of date December 27, 
1899, granting said Company trackage rights on 
Broadway, omitted from the Watkins’ Digest, is 
herein inserted. Also, as the question of trackage 
rights on Broadway (or Railroad Avenue) is a mat- 
ter frequently inquired into, I give herein memo- 
randum references to various contracts affecting 
these rights. I also include a brief on the Law as to 
Subways, same having been prepared by Hon. James 
H. Malone, Mayor. 


Z . 
i t 5 
i 
i 
: 
' 
+ ‘ 
¢ 
aa | 
; 
i £ 
¥ j 
: é 
’ 


CONTRACTS. 


4 


MEMORANDUM AS TO TRACKS ON BROADWAY. 


MEMPHIS & CHARLESTON RAILROAD (NOW SOUTHERN). KANSAS CITY 
COMPANIES. 

On January 31, 1890, the city entered into a contract with 
the Memphis & Charleston Railroad Company and the Kansas 
City companies to the effect that it was to grant these two 
companies two tracks each on Broadway, comprising fifty feet 
in the middle of Broadway, and leaving twenty-five feet on each 
side of these fifty feet so granted these two railroads. (See 


Watkins’ Digest, 1902, page 795.) 


The Memphis & Charleston Railroad (now Southern) got the 


south twenty-five feet of the strip of ground. 


UNION RAILWAY COMPANY. 

On January 27, 1890, the city granted to the Union Railway 
Company one track over Broadway, being the extreme southern 
track, but, in making the grant, the Union Railway agreed to 
accept the terms and conditions imposed upon the Memphis & 
Charleston and Kansas City companies. (See Watkins’ Digest, 
1902, page 807.) 


On November 6, 1890, the city granted to the Union Railway 
another track lying immediately north of the two first granted 
to it and adjacent to the southern track of the Memphis & Charles- 
ten track, and in this contract it likewise agreed to the conditions 


mentioned above. (See Watkins’ Digest, page 816.) 


In a third contract made between the city and the Union Rail- 
way Company (commonly called the Belt Line), in the form 


of an ordinance passed June 5, 1902, it is provided in Subsection 


997 


Memphis & 
Charleston 
Railroad (now 
Southern). 
Kansas City 
Companies. 


Union Kail- 
way Co. 


998 


CITY CONTRACTS. 


Tennessee 
Midland 
Railroad Co. 


10, in part, as follows: “ * * * but nothing herein shall 
be construed as an exclusion of the right and power of the City 
of Memphis to compel the Union Railway Company to raise its 
tracks over, and lower them under, the grade of any or all of 
the streets, alleys or highways crossed by the tracks of said 


company.” (See Watkins’ Digest, page 918.) 


TENNESSEE MIDLAND RAILROAD COMPANY. 

On December 27th, 1889, a contract was entered into by the 
Taxing District with the Tennessee Midland Railway Company 
granting it a single track on Broadway, from Fifth street, or 
Kansas avenue, to MeGhee Station. This contract was omitted 
from the Walker Digest of 1898, also the Watkins Digest of 1902, 
hence I have included same in this volume. (See article 95, this | 
Digest. ) 

THE LAW AS TO SUBWAYS. = 

In Woodruff vs. Catlin, 54 Conn., 295, it appeared the Connecti- 
cut Legislature ordered that an old street should be abandoned 
in Hartford and a new street should be laid out in lieu thereof, 
over which the railroad would run, and that the grades should 
be separated at the joint expense of the city and the road. It 
was held the Legislature might have compelled either to pay the 


whole cost of the change. 


_In New York, etc., appeal, 58 Conn., 532, it appears the Legis- 
lature of Connecticut ordered that the Railroad Commission 
should change a highway where it crossed at grade by a railroad, 
the cost to be borne jointly, but the town was in no event to pay 
more than one-fourth the entire cost of the change. The railroad 
contested the case upon the ground that the order providing that 
the city should pay only one-fourth the cost was arbitrary and 
void, but the court said the Legislature might have compelled 


the Board to bear the whole expense. 


In Wheeler vs. New York, etc., 178 U. S., 321-24, decided in 


1900, those two Connecticut cases were quoted from and ap- 


CITY CONTRACTS. 


proved by the United States Supreme Court as laying down the 
rule that it was competent to compel the roads to pay all the 


cost of the improvement. 


In New York, etc., vs. Bristol, 151 U. S., 255, and decided in 
1894, it appeared that a Connecticut act of the Legislature pro- 
vided a general scheme for separating grades at highway cross- 


ings throughout the State, and how the cost thereof should be 


borne. 


If a town petitioned for the change, then it was to pay a part 
of the expense; if a railroad petitioned for the change, then it 


must pay all the expense. 


However, it was further provided that the roads must, at 
their own expense, build at least one subway for each sixty 
miles of its track, and in case the directors of a road failed to 
apply to the Railroad Commission for that purpose, then the 
Commission could order the road to build the subways at its 


own expense. 


The New York & New England Railroad Company resisted the 
Railroad Commission when it sought to enforce this statute, but 
the United States Supreme Court held that the law was valid, 
and that the imposition upon the railroad corporation of the 
entire expense of a change of grade at a highway crossing was 


in every way valid and constitutional. 


In the recent 1896 case of Chicago, etc., vs. Chicago, 166 U. S., 
255, it became necessary to extend a street in the City of Chi- 
cago so as to cross a railroad. track, and in a condemnation 
proceeding commenced by the city, one dollar only was allowed the 
railroad for a right of way over its tracks, and the road fought 
the case through all the courts to the United States Supreme 
Court. It was claimed that as only one dollar was awarded, 
this was the same as taking property without compensation, 


especially as that as soon as the street was opened the railroad 


999 


1000 


CITY CONTRACTS. 


would be compelled to plank up its road, erect grades, and go 
to the expense of keeping a flagman there, etc. But the United 
States Supreme Court said: “The expense that will be incurred 
by the railroad in erecting gates, planking crossings and main- 
taining flagmen in order that its road may be safely operated— 
if all that should be required—necessarily resulted from the main- 
tenance of the public highway, and must be deemed to have been 
taken into account when it accepted the privileges and fran- 
chises granted by the State. Such expences must be regarded 
as incidental to the exercise of the police powers of the State.” 
This language has been quoted with approval by the Supreme 
Court of Tennessee in the case of Harriman vs. Railroad, 111 


Tenn., 538-51. 


In Abbott’s “Municipal Corporations,’ Volume 3, page 2045, - 
it is said: 

“The existence of a railroad for well known reasons and al- 
ready stated on or across a public highway, is a constant menace 
to life and property because of the size and weight of trains 
and the Speed at which they are operated, and the resulting 
condition of lack of quick and effective control. In many cases, 
it might be said to be the universal rule, because of these and 
other reasons, that railroads have been required to construct 
and maintain overhead or underground crossings. The perform- 
ance of this duty was strongly contested for many years by 
railroad corporations. Their occupation of a highway is not 
regarded as a legitimate use of the highway. The duty to con- 
struct a bridge or an underground crossing to be enforceable 
by the State or a municipal corporation need not be included, 
necessarily, in the grant of the authority to occupy or use a 
highway. Under the police power, if no other, these facilities. 
can be required and their cost of construction must be paid ex- 


clusively by the railroad corporation.” 


The authority to abolish grade crossings is not, of course, an 


unlimited one. The city could not compel the building of sub- 


CITY CONTRACTS. 


ways where the travel and danger to life and limb would not 
justify such a procedure. But I think all the subways contem- 
plated under Broadway and in the vicinity of the present so-called 
union depot, are absolutely necessary, and that the city has the 


authority to have them constructed.—Compiler’s Note. 


ARTICLE 95. 
TENNESSEE MIDLAND RAILWAY COMPANY. 

Articles of agreement made and entered into this the 27th day 
of December, 1889, by and between the Taxing District of Shelby 
County, Tennessee, party of the first part, and the Tennessee 
Midland Railway Company, a railway company incorporated 
under the laws of the State of Tennessee, and having one of its 


termini in said District, party of the second part, witnesseth: 


That the party of the first part, for the consideration here- 
inafter mentioned, and upon the application and petition of said 
party of the second part on file in the records of the Taxing 
District office, hereby conveys and grants to said party of the 
second part the right to build, maintain and operate with 
steam power a Single track railroad along and over the strip 
of ground known as Broadway, beginning at Fifth street, or 
Kansas avenue, in said Taxing District, and running on the 
line hereinafter designated on and over Broadway to the south 
side of the right of way of the Memphis & Charleston Railroad 
Company, at or near McGhee’s Station, in Shelby County, Ten- 


nessee. 


Said track shall be so located and constructed that its center 
line shall be a line drown thirty-one and one-quarter (3114) 
feet north of and parallel with the center of Broadway, and run 
as aforesaid from Fifth street, or Kansas avenue, to a point 
on the south side of the right of way of the Memphis & Charles- 


ton Railroad Company, at or near McGhee’s Station. 


It is understood and agreed by both parties hereto that, be- 


cause of the encroachments upon Broadway by abutting owners 


1001 


Track on 
Broadway, 
from Fifth 
street to 
McGhee’s 
Station. 


Location. 


1002 


Accepts 
subject to 


CITY CONTRACTS. 


or occupants, especially east of the north gate of Elmwood Cem- 
etery, it may not be practicable for the party of the second part 
to locate, construct and operate its track upon the exact line 
herein prescribed, and it is further understood and agreed that 
said second party has read and knows all the terms and pro- 
visions of the draft of a contract prepared for execution be- 
tween the Taxing District on the one side and the Memphis & 
Charleston and the Kansas City companies on the other side, 
respecting Broadway, by which contract, when consummated, 
said companies accept the center fifty feet of Broadway from 
Main street to McGhee Station in compromise of their claim of 
title to Broadway, releasing to said Taxing District strips wens 


ty-five feet in width on the north and south sides of Broadway. 


grant And the said second party hereto accepts this grant subject 


contract con- to all the provisions of said contemplated contract, it being ex- 


templated. 


Encroach- 
ments upon 
Broadway. 


Switching 
charges. 


pressly understood and agreed that the execution of this contract 
is in no manner to interfere with or affect the power of the 
Taxing District to make such settlement of its differences with 
said railroad companies as it may deem proper, but this grant 
is to be protected in such settlement as far as it can be done 
consistently with the public interests as involved in or affected 


by such settlement. 


And it is also further understood and agreed that whenever, 
by reason of encroachments upon Broadway and the consequent 
impracticability on the part of said second party to occupy the 
exact strip hereinbefore granted to it, the said second party may 
maintain and operate under this grant a track, the center of 
which shall be located as nearly as possible twelve and one-half 
(12144) feet north from the center of the north.track of the 
Memphis & Charleston Railroad Company, as fixed by said 
contemplated contract between the Taxing District and said 


Memphis & Charleston and Kansas City companies. 


It is further understood and agreed that all the limitations 


as to switching, and the charges therefor, set out in said con- 


CITY CONTRACTS. 


templated contract between the Taxing District and said Mem- 
phis & Charleston and Kansas City companies are imposed upon 
and accepted by said party of the second part; and, further, that 
said party of the second part accepts this grant subject in all 
respects to the provisions of said contemplated contract between 
the Taxing District and the Memphis & Charleston and Kansas 
City companies, so far as the same are applicable to an incoming 


Toad. 


It is further understood and agreed that the party of the 
second part shall have the right to lay cross tracks on Broad- 
way to réach any points on the north or south side of Broad- 
way between Fifth street, or Kansas avenue, and the eastern 
terminus thereof at McGhee’s Station, inside or outside of said 
Taxing District, and shall do switching upon the demand of any 
other road occupying Broadway without discrimination upon 
said tracks and the attendant spurs or side tracks, to mills, 
compresses, business or other manufacturing establishments, and 
shall not charge exceeding two dollars ($2.00) per loaded car 
for switching, empty cars to be switched free in one direction. 
And said party of the second part shall not refuse to switch 
the cars of any other road paeorte Broadway from its switches 
or spurs, nor subject them to any unreasonable delays in switch- 
ing. Such crossings shall not interfere with the switches laid 
previously to the laying of such cross-over tracks, and they shall 
be laid under the supervision and to the satisfaction of the 
superintendents of the companies whose tracks are crossed. The 
above charge of not exceeding two dollars per car for switching 
loaded cars shall apply only to sidings and spur tracks not 
exceeding one-quarter of a mile in length from either boundary 


of Broadway. 


Said party of the second part having crossings and spur tracks 
as aforesaid shall not charge switching fees for delivering freight 
which comes in over its own road upon above mentioned cross- 


ings or spur tracks. 


1003 


Not to 
discriminate 
in charges. 


Charges, 


When not 
to charge. 


1004 


CITY CONTRACTS. 


Right to 


connect with 


And the said party of the second part shall have the right 


other tracks. 4g make connections with the tracks of any railroad now laid, 


Uncondi- 
tional grant. 


Conditions 
of grant. 


cr hereafter to be laid, on Broadway or crossing Broadway; but 
the location of any such connecting track or tracks which cross 
the north or south line of Broadway, the paving required, and 
the manner of constructing such connections shall be subject 
to the control of the Legislative Council of the Taxing District. 
But nothing in this contract shall operate to prevent said Leg- 
islative Council from making like conditions and grants to any’ 
other railroad company now occupying, or which may hereafter 


occupy, Broadway or any part thereof. 


It is further understood and agreed that the grant here made 
to the party of the second part by the party of the first part 
is a present and unconditional grant, not dependent for its 
taking effect upon the consummation of the said contemplated 
contract between the Taxing District and the Memphis & Charles- 
ton and Kansas City companies, but in order that the said con- 
templated contract may be read in connection with this grant 
a copy thereof is hereto attached, referred to and marked Ex- 


hibit “A.” 


This grant by the party of the first part to the party of the 


second part is made upon the following considerations, to-wit: 


The said party of the second part, upon the execution and 
delivery of this instrument, pays in cash to the party of the 
first part, the receipt of which is hereby acknowledged, the sum 
of twenty-five hundred dollars ($2,500), and assumes to Sy 
the law firm of Turley & Wright the further sum of two thou- 
sand dollars ($2,000) on account of professional services ren- 
dered by them under employment by the Taxing District, in the 
litigation between said District and the Memphis & Charleston 
and Kansas City companies over the title to Broadway. This | 
sum of two thousand dollars to be payable when the said party 


of the second part is put in possession of the right of way over 


CITY CONTRACTS. 


1005 


Broadway above granted, and upon the termination of the liti- 
gation between the Taxing District and the said Memphis & 
Charleston and Kansas City companies, the said Turley & Wright 
having agreed to look alone to the second party hereto for pay- 


ment thereof. 


It is understood and agreed that the Taxing District makes 
this grant without any warranty whatever, granting to the sec- 
ond party just such rights as it, the said Taxing District, has 
power to grant, and the said second party assumes all the risks 


of the power of said first party to make said grant. 


And the said second party further agrees to indemnify and 
hold harmless the said first party against any and all claims 
whatsoever, whether direct or indirect, arising out of, or occa- 
sioned by, this grant or by the exercise by it of the rights and 


privileges herein conferred upon it. 


It is further understood and agreed that the said party of the 
first part reserves and retains all its proper police powers over 
said track and the operation thereof, and that this grant is ac- 
cepted subject to all lawful ordinances of the Taxing District 


now in force, or that may hereafter be enacted. 


The obligations of this contract shall be binding upon, and 
its benefits shall inure to the successors and assigns of the par- 


ties hereto, respectively. 


Executed in duplicate this the 27th day of December, 1889. 


DAVID. P. HADDEN, 
JAMES LEE, JR., 


Fire and Police Commissioners. 
Approved: 
JOHN E. RANDLE, 


SAMUEL HIRSCH, 
CHARLES KNEY, 
T. J. GRAHAM, 
Board of Public Works. 
(Seal Tenn. Mid. Ry.) 
TENNESSEE MIDLAND RAILROAD CO., 
By JOHN OVERTON, JR., President. 


Attest: RO. L. TRAYLOR, Secretary. 


Damages. 
City held 
harmless. 


Police power, 


1006 


CITY CONTRACTS. 


Transfer of 
lease to the 
C., O. & G. 
R. R.. ratified. 


Preamble. 


ARTICLE 96. 
CHOCTAW, OKLAHOMA & GULF RAILROAD COMPANY. 

This contract, made and executed in duplicate on the ...... 
day of March, 1904, by and between the City of Memphis, Shelby 
County, Tennessee, party of the first part, and hereinafter called 
the city, and the Choctaw, Oklahoma & Gulf Railroad Company, 
a corporation chartered under the laws of the United States, here- 
inafter called the railroad company, party of the second part, 


witnesseth: 


That, whereas, by a written lease of date August 3d, 1899, 
the City of Memphis leased to the Choctaw & Memphis Railroad 
Company, for a period of fifty years from the date of said lease, 
the lots and parcels of ground situated in the City of Memphis, 


and bounded and described as follows, to-wit: 


First. The lot and parcel of ground bounded on the north 


‘by the tracks of the Southern Railway, running from Washing- 


ton street in a northwesternly direction across the tracks of the 
Illinois Central Railway, in Promenade street; on. the east by 


the west line of Front street; on the south by the north line 


of Adams street, and on the west by the right of way of the 


Illinois Central Railroad Company, in Promenade street, except- 


ing that part of Washington street included within these boun- 


daries. This lot is hereinafter designated as Lot No. 1. 


Second. The lot bounded on the north by the south side of 
Adams street; on the east by the west line of Front street; on 
the south by the north line of Jefferson street; and on the west 
by the right of way of the Illinois Central Railroad Company, 
in Promenade street. This lot is hereinafter designated as Lot 


No. 2. 


Said lease also granted to said railroad company the privilege 
of laying four tracks across Washington street and across Adams 
street, from Lot 1 to Lot 2, and the privilege of running its trains 


s 


CITY CONTRACTS. 


1007 


and engines across Washington and Adams streets at the points 


aforesaid into and across said two lots. 


And, whereas, the said lease contained various stipulations 
and provisions to be performed and carried out by the Choctaw 


& Memphis Railroad Company; 


And, whereas, the third clause of said lease provides as fol- 
lows: 


“Third. Said railroad company (meaning the Choctaw & Mem- 
phis Railroad Company) shall not sell, transfer, lease or in any 
wise dispose of this lease, or any of the premises leased, or privi- 
leges acquired hereunder, it being agreed that this lease and 
the provisions granted and given to the Choctaw & Memphis 
Railroad Company is a contract and grant personal to said 
company, and no other corporation, firm or person shall operate 
any cars or engines over the lots or streets above described 
under any purchase, lease, traffic arrangement, license or con- 
tract of any character; except it may lease same to the Choctaw, 
Oklahoma & Gulf Railroad Company along with rest and residue 
of its properties, so as to form a continuous line from Memphis 


west over said railroads.”’ 


And, whereas, the twelfth clause of said lease provides as fol- 


lows: 


“It is further stipulated and agreed by the railroad company 
(meaning the Choctaw & Memphis Railroad Company) that any 
assignment or transfer of said lease to the Choctaw, Oklahoma 
& Gulf Railroad Company shall be made expressly subject to 
all of the terms and conditions of this lease, and said Choctaw, 
Cklahoma & Gulf Railroad Company shall, within sixty days. 
from this date, file with the city its written stipulation, executed 
by its proper officers, obligating and binding itself to carry out 


and perform all the provisions of said lease.’ 


And, whereas, on the 27th day of September, 1899, the said 


Choctaw, Oklahoma & Gulf Railroad Company entered into a 


1008 


CITY CONTRACTS. 


stipulation with the City of Memphis, which legally fulfilled the 
requirements and followed the provisions of said twelfth clause 
of said original lease, which stipulation is found on pages 747 to 
749, inclusive, of the City Digest of 1902, which is now referred 


to and made a part of this contract. 


Said original lease is now referred to and made a part of 
this contract, just as if it were set out herein in full, and also 
said stipulation is referred to and made a part of this contract, 


just as if it were set out herein in full; and, 


Whereas, subsequent to the execution of said original lease be- 
tween the City of Memphis and the Choctaw & Memphis Railroad 
Company, of date August 3d, 1899, and also subsequent to the 
execution of the stipulation entered into on behalf of the Choc- 
taw, Oklahoma & Gulf Railroad Company, by its proper officers, 
with the City of Memphis of date September 27th, 1899; and, 


Whereas, the said Choctaw & Memphis Railroad Company, on 


the 30th day of June, 1900, did legally transfer and assign to 
‘the Choctaw, Oklahoma & Gulf Railroad Company all its prop- 
erty, rights, provisions and terms obtained in said lease with 


the City of Memphis; and, 


Whereas, the Choctaw, Oklahoma & Gulf Railroad Company, 
on the 24th day of March, 1904, did transfer, lease and assign 
to the Chicago, Rock Island & Pacific Railway Company all of 
its property, rights, provisions and terms obtained in said orig- 
inal lease between the City of Memphis and the Choctaw & Mem- 
phis Railroad Company, of date August 3d, 1899, which, as above 
stated, has been legally assigned to it, the Choctaw, Oklahoma 
& Gulf Railroad Company; and, 


Whereas, it is considered for the best interests of the parties 
to this contract, and for and in consideration of the terms, pro- 
visions and conditions set forth in the original lease and stipu- 


lation, above mentioned, it is now further agreed and stipulated 


CITY CONTRACTS. 


by and between the City of Memphis, party of the first part, and 
the Choctaw, Oklahoma & Gulf Railroad Company, party of the 
second part, that the said lease by the Choctaw, Oklahoma & 
Gulf Railroad Company to the Chicago, Rock Island & Pacific 
Railway Company is in all things ratified, affirmed and approved 
as fully and in the same manner as if the permission and consent 
of the City of Memphis had been granted to the Choctaw, Okla- 
homa & Gulf Railroad Company to transfer and assign the said 
above mentioned lease to the Chicago, Rock Island & Pacific 
Railway Company before the actual execution of the same, upon 
the hereinafter stipulation and agreement by the Choctaw, Okla- 


homa & Gulf Railroad Company, viz.: 


“It is further stipulated and agreed by the Choctaw, Oklahoma 
& Gulf Railroad Company that this assignment or transfer of 
this lease to the Chicago, Rock Island & Pacific Railway Com- 
pany, which was executed on the 24th day of March, 1904, shall 
be, and has been, made expressly subject to all of the terms and 
provisions of the original lease between the City of Memphis 
and the Choctaw & Memphis Railroad Company, which has been 
legally assigned to the Choctaw, Oklahoma & Gulf Railroad Com- 
pany, and the Chicago, Rock Island & Pacific Railway Company 
shall, within sixty days from this date, file with the city its 
written stipulation, executed by its proper officers, binding itself 
to carry out and perform all of the provisions of the original 
lease, above mentioned, between the City of Memphis and the 
Choctaw & Memphis Railroad Company, which lease has been 
legally assigned to the Choctaw, Oklahoma & Gulf Railroad Com- 
pany, it being the intention of the agreement of the parties 
hereto that the assignment, lease or transfer of this lease to the 
Chicago, Rock Island & Pacific Railway Company shall be made 
expressly subject to all of the terms and provisions of the origi- 
nal lease between the City of Memphis and the Choctaw & Mem- 
phis Railroad Company, which has been legally assigned to the 


Choctaw, Oklahoma & Gulf Railroad Company.” 


1009 


1010 


CITY CONTRACTS. 


II. 

And, whereas, by a written lease of date the 30th day of 
August, 1899, by and between the City of Memphis, Shelby 
Somat and the Choctaw & Memphis Railroad Company, a cor- 
poration chartered under the laws of the State of Arkansas, the 
City of Memphis leased to the Choctaw & Memphis Railroad 
Company, for a period of fifty years from the date of said lease, 
the lots and parcels of ground situated in the City of Memphis, 


and located and described as follows, to-wit: 


“That lot or parcel of ground embraced in the lease from 
the Taxing District of Shelby County, Tennessee, to the Mem- 
phis Grain & Elevator Company, more particularly described 


as follows: 


“Wirst. Lying and being in said Shelby County, Tennessee, 
City of Memphis, and being nine feet west of the center of 
Promenade street, where the same intersects with the south line 
of Poplar street, thence south on a line nine feet west of the 
center of Promenade street, if extended, to a point opposite the 
southeast corner of Lot No. 95 of the Batture Addition to the 
City of Memphis; thence west to the southeast corner of said 
Lot No. 95; thence north with the east line of said Lot No. 95 
to the south line of Washington street; thence west with the 
south line of Washington street, if extended, to a point 600 feet 


from the line nine feet west of the centér of Promenade street; 


thence north on a line, which line is at all points 600 feet 


west from the line nine feet west of the center of Promenade 


‘street, to the south line of Poplar street, if extended; thence 


east with said south line of Poplar street to a point nine feet 
west of the center of Promenade street, the beginning, including 


therein what is Known as Center Landing.” 


Second. The right of way on and over Fulton street, in the 


City of Memphis, as follows, to-wit: 


CITY CONTRACTS. 


“The privilege of laying and operating one railroad track from 
a point where its present incline tracks enter Fulton street, 
along and over said Fulton street; also the privilege of laying 
and operating two tracks from said Market street south along 
and over said Fulton street to and across Poplar street, in said 
city, into the above described premises demised by said lease, 
“so as to enable the second party to have ingress and egress 
to and from said leased premises; said railroad company con- 
templating the purchase of the lot of ground lying on the north- 
east corner of Fulton and Poplar street is given the right, in 
the event the purchase shall be made, for the period of the 
extension of said lease, to cross Poplar street with four tracks, 
in addition to the two above enumerated from the property it 
contemplates purchasing on the north side of Poplar street to 
its ground as above described on the south side of Poplar street, 
said grant is also to be for the period of fifty years from this 
date.” 

And, whereas, said lease contains various and sundry stipula- 
. tions and provisions to be performed and carried out by Choctaw 
& Memphis Railroad Company, and, whereas, the third clause 


of said lease provides as follows, to-wit: 


“The said railroad company shall not sell, transfer or lease, 
or in any wise dispose of this lease, or any of the premises 
leased, or privileges acquired thereunder, it being agreed that 
this lease and the privileges granted are granted and given 
to the Choctaw & Memphis Railroad Company as a contract 
and grant personal to said company, and no other corporation, 
firm or person shall operate any cars or engines over the lots 
and streets above described under any purchase, lease, traffic 
arrangement or license, or contract of any character, except it 
may lease the same to the Choctaw, Oklahoma & Gulf Railroad 
Company along with the rest and residue of its properties, so 
as to form a continuous line from Memphis west over both said 


railroads.” 


1011 


1012 


CITY CONTRACTS. 


And, whereas, the tenth clause of said lease is as follows, 
te-wit: 

“It is further stipulated and agreed by the Railroad Company 
that the assignment or transfer of this lease to the Choctaw, 
Oklahoma & Gulf Railroad Company shall be made expressly 
subject to all of the terms and provisions of this lease, and 
the Choctaw, Oklahoma & Gulf Railroad Company shall, within 
sixty days from this date, file with the City of Memphis its 
written stipulation, executed by its proper officers, obligating 
and binding itself to carry out and perform all of the provisions. 


of this lease.” 


Said original lease executed between the City of Memphis and 
the Choctaw & Memphis Railroad Company, of date August 30th, 
1899, and found in the Digest of the City of Memphis, 1902, 
pages 731 to 740, is referred to and made a part of this contract, 


just as if it were stated herein in full. 


And, whereas, the said Choctaw, Oklahoma & Gulf Railroad 
Company did execute and file with the city its written stipula- 
tion, executed by its proper officers, obligating and binding itself 
to carry out and perform all of the provisions of the above- 


mentioned lease. 


And, whereas, at a day subsequent to the execution of the 
criginal lease above referred to, and to the stipulation above 
referred to, the said Choctaw & Memphis Railroad Company, of 
date the 30th day of August, 1899, did transfer and assign to 
the Choctaw, Oklahoma & Gulf Railroad Company, for a valuable 


consideration, the above mentioned lease. 


Said original lease is now referred to and made a part of this: 
contract, just as if it was set out herein in full, and also said 
stipulation is referred to and made a part of this contract, just 


as if it were set out herein in full; and, 


Whereas, subsequent to the execution of said original lease 


between the City of Memphis and the Choctaw & Memphis Rail- 


CITY CONTRACTS. 


1013 


road Company, of date August 30th, 1899, and also subsequent 
to the execution of the stipulation entered into on behalf of 
the Choctaw, Oklahoma & Gulf Railroad Company by its proper 
officers with the City of Memphis; and, 


Whereas, the said Choctaw & Memphis Railroad Company, on 
the 30th day of June, 1900, did legally transfer and assign 
to the Choctaw, Oklahoma & Gulf Railroad Company all of its 
property rights, provisions and terms contained in said lease 


with the City of Memphis; :and, 


Whereas, the Choctaw, Oklahoma & Gulf Railroad Company, 
on the 24th day of March, 1904, did transfer, lease and assign 
to the Chicago, Rock Island & Pacific Railway Company all of 
its property, rights, provisions and terms obtained in said origi- 
nal lease between the City of Memphis and the Choctaw & Mem- 
phis Railroad Company, of date August 30th, 1899, which, as 
above stated, had been legally assigned to it, the Choctaw, Okla- 
homa & Gulf Railroad Company; and, 


Whereas, it is considered for the best interests of the parties. 
to this contract and for and in consideration of the terms, pro- 
visions and conditions set forth in the original lease and stipu- 
lation, above mentioned, it is now further agreed and stipulated 
by and between the City of Memphis, party of the first part, ana 
the Choctaw, Oklahoma & Gulf Railroad Company, party of the 
second part, that the said lease by the Choctaw, Oklahoma & 
Gulf Railroad Company to the Chicago, Rock Island & Pacific 
Railway Company is in all things ratified, affirmed and ap- 
proved as fully and in the same manner as if the permission 
and consent of the City of Memphis had been given to the 
Choctaw, Oklahoma & Gulf Railroad Company to transfer and 
assign the said above mentioned lease to the Chicago, Rock 
Island & Pacific Railway Company before the actual execution 
of the same, upon the hereinafter stipulation and agreement 


by the Choctaw, Oklahoma & Gulf Railroad Company, viz.: 


1014 


CITY CONTRACTS. 


It is further stipulated and agreed by the Choctaw, Oklahoma 
& Gulf Railroad Company that this assignment or transfer to 
the Chicago, Rock Island & Pacific Railway Company, which 
was executed on the 24th day of March, 1904, shall be, and has 
been, made expressly subject to all of the terms and provisions 
of the original lease between the City of Memphis and the Choe- 
taw & Memphis Railroad Company, which has been legally as- 
signed to the Choctaw, Qklahoma & Gulf Railroad Company, 
and the Chicago, Rock Island & Pacific Railway Company, shall, 
within sixty days from this date, file with the city its written 
stipulation, executed by its proper officers, binding itself to 
carry out and perform all of the provisions of the original lease, 
above mentioned, between the City of Memphis and the Choc- 
taw & Memphis Railroad Company, which lease has been legally 
assigned to the Choctaw, Oklahoma & Gulf Railroad Company; 
it being the intention. of the agreement of the parties hereto that 
the assignment, lease or transfer of this lease to the Chicago, 
Rock Island & Pacific Railway Company shall be made expressly 
subject to all of the terms and provisions of the original lease 
between the City of Memphis and the Choctaw & Memphis Rail- 
road Company, which has been legally assigned to the Choctaw, 


Oklahoma & Gulf Railroad Company. 


Ill. 


And, whereas, on October 12th, 1900, the City of Memphis 


granted to the Choctaw & Memphis Railroad Company the right 


of way for the laying of a railroad track over certain public 


property and streets belonging to the City of Memphis; and, 


Whereas, the Choctaw, Oklahoma & Gulf Railroad Company 
legally succeeded to all of the rights possessed by the Choctaw 
& Memphis Railroad Company in this above mentioned right 


of way together with all of the property and rights therein; 


and, 


CITY CONTRACTS. 


1015. 


Whereas, on the 24th day of March, 1904, the Choctaw, Okla- 
‘homa & Gulf Railroad Company did transfer, lease and assign 
to the Chicago, Rock Island & Pacific Railway Company all of 
its property rights, provisions and terms contained in the said 
grant of right of way immediately above mentioned of date Octo- 


ber 12th, 1900; and, 


Whereas, it is considered for the best interest of the parties 
to this contract and for and in consideration of the terms, 
provisions and conditions set forth in the original lease and 
stipulation above mentioned, it is now further agreed and stipu- 
lated by and between the City of Memphis, party of the- first 
part, and the Choctaw, Oklahoma & Gulf Railroad Company, 
party of the second part, that the said lease by the Choctaw, 
Oklahoma & Gulf Railroad Company is in all things ratified, 
affirmed and approved as fully and in the same manner as if 
the permission and consent of the City of Memphis had been 
given to the Choctaw, Oklahoma & Gulf Railroad Company to 
transfer and assign the said above mentioned right of way to 
the Chicago, Rock Island & Pacific Railway Company before 
the actual execution of same, upon the hereinafter stipulation 
and agreement by the Choctaw, Oklahoma & Gulf Railroad Com- 


pany, viz.: 


“Tt is further stipulated and agreed by the Choctaw, Oklahoma 
& Gulf Railroad Company that this assignment or transfer of 
this right of way to the Chicago, Rock Island & Pacific Railway 
Company, which was executed on the 24th day of March, 1904, 
shall be, and has been made, expressly subject to all of the 
terms and provisions of the original grant of right of way be- 
tween the City of Memphis and the Choctaw & Memphis Railroad 
Company of date October 12th, 1900, which has been legally 
assigned to the Choctaw, Oklahoma & Gulf Railroad Company, 
and the Chicago, Rock Island & Pacific Railway Company shall, 
within sixty days from this date, file with the City of Memphis 


its written stipulation, executed by its proper officers, binding 


Lease by the 


Choctaw, Ok- 
lahoma & 
Gulf Ry. Co. 
ratified. 


1016 


CITY CONTRACTS. 


itself to carry out and perform all of the provisions of the 
original grant of right of way above mentioned, it being the 
intention of the agreement of the parties hereto that the assign- 
ment, lease or transfer of this right of way to the Chicago, 
Rock Island & Pacific Railway Company shall be made expressly 
subject to all of the terms and provisions of the original grant 
of right of way by the City of Memphis to the Choctaw & 
Memphis Railroad Company, which has been legally assigned 


to the Choctaw, Oklahoma & Gulf Railroad Company. 


Said grant is found on pages No. 439 to 440, inclusive, Record 
Book E of the Legislative Council, to which reference is made, 
and which original grant is hereby made a part of this contract, 


just as if it were set out herein in full. 


It is further agreed and stipulated that, should any conflict 
appear in the contract, as here drafted, and the original contracts” 
or grants, the originals shall be accepted as authority and bind 


the contracting parties. 


Executed in duplicate the day and year above written. 
J. J. WILLIAMS, 
B. R. HENDERSON, 
JOHN T. WALSH, 


Board of Fire and Police Commissioners. 


G. M. TIDWELL, 
EK. B. LEMASTER, 
D. GENSBURGHER, 
THOMAS DIES, 
GEORGE C. LOVE, 
A. B. CARRUTHERS, 
ED. F. GRACE, 
Board of Supervisors of Public Works. 
CHOCTAW, OKLAHOMA & GULF RAILROAD CO., 
By ROBERT MATHRES, Vice-President, 
(Seal C., Okla. & G. R. R. Co.) 
G. T. BOGGE, Assistant Secretary. 


CITY CONTRACTS. 


1017 


ARTICLE 97. 
LEASE TO THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY 


RATIFIED. 


THIS STIPULATION, executed this the 23rd day of May, 
1904, by the Chicago, Rock Island & Pacific Railway Company: 


WITNESSETH: That whereas, by certain written leases of 
date—one of August 3rd, 1899, and the other of August 30th, 
1899, the City of Memphis leased to the Choctaw & Memphis 
Railroad Company for a period of fifty years from the dates 
of said leases the lots and parcels of land as therein set forth, 
together with the right of way over. certain streets in the City 
of Memphis, and over certain public property belonging to the 
said City of Memphis, which leases are to be found—that of 
August 3rd, 1899, on pages 740 to 746, inclusive, of the Digest 
of the City of Memphis for the year 1902, and the lease of 
August 30th, 1899, is to be found on pages 731 to 740, inclusive, 
of the said City Digest for the year 1902. 


Said original leases are now referred to, and made a part of 


this stipulation, just as if they were set out herein in full; and, 


Whereas, said lease contained various and sundry stipulations 
and provisions to be performed and carried out by the Choctaw 
& Memphis Railroad Company; and, 

Whereas, the Twelfth clause of the lease of August the 3rd, 


1899, is set forth as follows: 


“And it is further stipulated and agreed by the railroad com- 
pany (meaning the Choctaw & Memphis Railroad Company), 
that any assignment or transfer of this lease to the Choctaw, 
Oklahoma & Gulf Railroad Company shall be made expressly 
subject to all of the terms and provisions of this lease and the 
Choctaw, Oklahoma & Gulf Railroad Company shall within sixty 
days from this date file with the City of Memphis its written 


stipulation executed by the proper officers, obligating and binding 


Preamble. 


1018 


CITY CONTRACTS. 


itself to carry out and perform all of the provisions of this 


lease’; and, 


Whereas, by the Tenth clause of the lease of August 30th, 


1899, as above set forth, it is provided as follows: 


“It is further stipulated and agreed by the railroad company, 
(meaning the Choctaw & Memphis Railroad Company), that 
any assignment or transfer of this lease to the Choctaw, Okla- 
homa & Gulf Railroad Company shall be made expressly subject 
to all of the terms and provisions of this lease; and said Choctaw, 
Oklahoma & Gulf Railroad Company shall within sixty days from 
this date file with the city its written stipulation executed by its 
proper officers, obligating and binding itself to carry out and, 


perform all of the terms and provisions of this'lease’; and 


Whereas, on a day subsequent to the execution of said leases 
between the City of Memphis and the Choctaw & Memphis Rail- 
road Company of dates August 38rd, 1899, and August 30th, 1899, 
the said Choctaw & Memphis Railroad Company, with the con- 
sent of the City of Memphis and following strictly the provisions 
of the above mentioned leases and also subsequent to the execu- 
tion of the further stipulations entered into on behalf of the 
Choctaw, Oklahoma & Gulf Railroad Company in pursuance of, 
and following the provisions of said above mentioned leases, did 
legally transfer and assign on the 30th day of June, 1900, to the 
Choctaw, Oklahoma & Gulf Railroad Company all of its property 
rights, provisions and terms contained in said above mentioned 


leases with the City of Memphis; and, 


Whereas, the Choctaw, Oklahoma & Gulf Railroad Company 
on the 24th day of March, 1904, did transfer, lease and assign 
to the Chicago, Rock Island & Pacific Railway Company all of 
its property rights, prorisions and terms obtained under said 
original leases between the City of Memphis and the Choctaw 


& Memphis Railroad Company of dates August 3rd, 1899, and - 


CITY CONTRACTS. 


1019: 


August 30th, 1899, which, as above stated, had been legally 
assigned to it, the Choctaw, Oklahoma & Gulf Railroad Com- 


pany; and, 


Whereas, on the 30th day of March, 1904, the City of Memphis 
did enter into a written contract with the Choctaw, Oklahoma & 
Gulf Railroad Company ratifying, affirming and approving the 
transfer, lease and assignment of all of its property rights, 
interests and franchises in and under the above mentioned leases 
between the City of Memphis and the Choctaw & Memphis Rail- 
road Company of dates August 3rd, 1899, and August 30th, 
1899, which had been legally assigned to the Choctaw, Oklahoma 
& Gulf Railroad Company, unto the Chicago, Rock Island & 


Pacific Railway Company; and, 


Whereas, in the said above mentioned contract of March 30th, 
1904, entered into between the City of Memphis and the Choctaw, 
Oklahoma & Gulf Railroad Company, and under Section 1 thereof, 


it is provided as follows: 


“And the Chicago, Rock Island & Pacific Railway Company 
shall within sixty days from this date file with the city (mean- 
ing the City of Memphis), its written stipulation executed by its 
proper officers, binding itself to carry out and perform all of the 
provisions in the original lease above mentioned between the 
City of Memphis and the Choctaw & Memphis Railroad Company, 
which has been legally assigned to the Choctaw, Oklahoma & 
Gulf Railroad Company (meaning the lease of August 3rd, 1899). 
It being the intention of the agreement of the parties hereto that 
the assignment, lease and transfer of this lease to the Chicago, 
Rock Island & Pacific Railway Company shall be made expressly 
subject to all of the terms and provisions of the original lease 
between the City of Memphis and the Choctaw & Memphis Rail- 
road Company, which has been legally assigned to the Choctaw, 


Oklahoma & Gulf Railroad Company; and, 


1020 


CITY CONTRACTS. 


Whereas, it is further provided in the said above mentioned 
contract of March 380th, 1904, between the City of Memphis and 
the Choctaw, Oklahoma & Gulf Railroad Company, under Section 


11 thereof, as follows: 


“And it is further stipulated and agreed by the Choctaw, Okla- 
homa & Gulf Railroad Company that this assignment, or transfer 
to the Chicago, Rock Island & Pacific Railway Company, which 
was executed on the 24th day of March, 1904, shall be, and 
has been, made expressly subject to all of the terms and pro- 
visions of the original lease (meaning the lease of August 30th, 
1899), between the City of Memphis and the Choctaw & Memphis 
Railroad Company, which has been legally assigned to the Choc- 
taw, Oklahoma & Gulf Railroad Company; and the Chicago, 
Rock Island & Pacific Railway Company shall within sixty days 
from this date file with the city its written stipulation executed 
by its proper officers, binding itself to carry out and perform all 
of the provisions of the original lease above mentioned between 
the City of Memphis and the Choctaw & Memphis Railroad Com- 
pany, which has been legally assigned to the Choctaw, Oklahoma 
and Gulf Railroad Company. It being the intention of the agree- 
ment of the parties hereto that the lease or transfer of this lease 
to the Chicago, Rock Island & Pacific Railway Company shall 
be made expressly subject to all of the terms and provisions of | 
the original lease between the City of Memphis and the Choctaw 
& Memphis Railroad Company (meaning the lease of August 30th, 
1899, which has been above set forth), which has been legally as- 
signed to the Choctaw, Oklahoma & Gulf Railroad Company; and, 


Whereas, by the contract entered into between the City of 
Memphis and the Choctaw, Oklahoma & Gulf Railroad Company 
of March 30th, 1904, and under the third section thereof, it is 


stipulated as follows: 


“And whereas, on October 12th, 1900, the City of Memphis 
granted to the Choctaw & Memphis Railroad Company the right 


CITY CONTRACTS. 


1021 


of way for the laying of a railroad track over certain public prop- 


erty and streets belonging to the City of Memphis”; and 


Whereas, the Choctaw, Oklahoma & Gulf Railroad Company 
legally succeeded to all of the rights possessed by the Choctaw 
& Memphis Railroad Company in this above mentioned right 


of way, together with all of the property and rights therein; and 


Whereas, on the 24th day of March, 1904, the Choctaw, Okla- 
homa & Gulf Railroad Company did transfer, lease and assign 
to the Chicago, Rock Island & Pacific Railway Company all of 
its property rights, provisions and terms contained in the said 
grant of right of way immediately above mentioned of date 
October 12th, 1900; and 


Whereas, it is considered for the best interests of the parties 
to this contract, and for and in consideration of the terms, pro- 
visions and conditions set forth in the original lease and stipula- 


tion above mentioned; 


It is now further agreed and stipulated by and between the 
City of Memphis, party of the first part, and the Choctaw, Okla- 
homa & Gulf Railroad Company, party of the second part, that 
the said lease by the Choctaw, Oklahoma & Gulf Railroad Com- 
pany to the Chicago, Rock Island & Pacific Railway Company is 
in all things ratified, affirmed and approved, as fully, and in the 
same manner as if the permission and consent of the City of 
Memphis had been given to the Choctaw, Oklahoma & Gulf Rail- 
road Company to transfer and assign the said above mentioned 
right of way to the Chicago, Rock Island & Pacific Railway Com- 
pany before the actual execution of the same upon the hereinafter 
stipulation and agreement by the Choctaw, Oklahoma & Gulf 


Railroad Company, viz.: 


“It is further stipulated and agreed by the Choctaw, Oklahoma 
& Gulf Railroad Company that this assignment or transfer of 


this right of way to the Chicago, Rock Island & Pacific Railway 


Lease to the 
Seen twomi leat OG 
Pa. Ry, Co: 
ratified. 


1022 


CiTY CONTRACTS. 


Stipulation to — 


carry out 
original lease. 


Company, which was executed on the 24th day of March, 1904, 
shall be and has been made expressly Sihice. to. all of the terms 
and provisions of the original grant of right of way between the 
City of Memphis and the Choctaw & Memphis Railroad Company 
of date October 12th, 1900, which has been legally assigned to 
the Choctaw, Oklahoma & Gulf Railroad Company; and the 
Chicago, Rock Island & Pacific Railway Compe shall within 
sixty days from this date file with the City of Memphis. its. 
written stipulation, executed by the proper officers, binding itself 
to carry out and perform all of the provisions of the original 
srant of rignt of way above mentioned, it being the intention 
of the agreement of the parties hereto that the assignment, lease 
or transfer of this right of way to the Chicago, Rock Island & 
Pacific Railway Company shall be made expressly subject to all 
of the terms and provisions of the original erant of right of way 
by the City of Memphis to the Choctaw & Memphis Railroad 
Company, which has been legally assigned to the Ghote Okla- 
homa & Gulf Railroad Company.” | 


Said original contract of date March 30th, 1904, between the: 
City of Memphis and the Choctaw, Oklahoma & Gulf Railroad 
Company is herewith referred to, and made a part of this stipula- 


tion just as if it were set out herein in full. 


Now then, in order to carry out the objects and obligations. 
of the said above mentioned provisions of the said written con- 
tract between the City of Memphis and the Choctaw, Oklahoma & 
Gulf Railroad Company of date March 30th, 1904, the said 


Chicago, Rock Island & Pacific Railway Company: stipulates and’ 


agrees to and with the City of Memphis that it will faithfully 
carry out and perform all of the provisions-thereof, just as if it 


had been the original lessee in said leases. 


IN TESTIMONY WHEREOF: The Chicago, Rock Island & 
Pacific Railway Company has caused this obligation to be exe- 


cuted in its name by its First Vice President and Assistant Sec- 


CITY CONTRACTS. 


retary and has also caused its official seal to be affixed hereto; 
all done this the 16th day of May, 1904. 
THE CHICAGO, ROCK ISLAND. & PACIFIC RAILWAY 


COMPANY, 
By ROBT. MATHES, 


First Vice President. 
(Seal C. R. I. & P. Ry. Co.) 


Attest: 
G. T. BOGGE, 


Assistant Secretary. 


ARTICLE 98. 
NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY CO. 

THIS CONTRACT, entered into this the 10th day of November, 
1902, by and between the City of Memphis, party of the first part, 
and the Nashville, Chattanooga & St. Louis Railway Company, 
party of the second part; 


WITNESSETH: That whereas the said second party has 
filed its petition with the Legislative Council of the City of 
Memphis praying that it be granted the right to curve a track 
now laid on Broadway in the City of Memphis in such manner 
as to connect with the free track across Kansas avenue entering 
the Adams Compress, and said pétition has been fully considered 
by the Railroad Committee of the Legislative Council, which 
committee has recommended the granting of the prayer of said 
petition and upon the conditions set forth therein, and the rec- 
ommendations of said committee report have been adopted by the 


Legislative Council to be evidenced by this written contract; 


NOW, THEREFORE, The first party hereby gives and grants to 
the second party the permission and right to so change the 1oca- 
tion of the track of the second party now laid in Broadway as 
that the same shall curve from a point between Kentucky avenue 
and Kansas avenue about one hundred and sixty-five (165) feet 


west of the west line of Kentucky avenue so that said track may 


1023 


To connect 
with free 
track on 
Kansas 
avenue, 


Change loca- 
tion of tracks 
on Broadway. 


1024 


CITY CONTRACTS. 


Conditions. 


City may 
move oF 
shift track. 


Basis of 
freight 
charges. 


connect with the free track across Kansas avenue and entering 


the Adams Compress, which free track is referred to and de- 
scribed in the contract between the Springfield & Memphis Rail- 
road Company and the Taxing District of Shelby County, of date 
December 5th, 1881, and which was further referred to and 
described in the resolution of the Legislative Council of the 
City of Memphis passed September 29th, 1896. The location of 
the track of the second party as now permitted is indicated by 
the heavy red line on the map hereto attached, marked Exhibit 
“A” to N., C. & St. L. petition, and which map is made a part of 


this contract. 


But the grant and permission herein made by the first party to 
the second party are given upon the following conditions, which 


are conditions precedent: 


First: The track of the second party now in Broadway cross- 
ing Florida avenue at a point south of its original roadway, 
and connecting with the Southern Railway on the west side 
of Broadway is permitted to exist there solely with the under- 
standing and upon the condition that the City of Memphis waives 
none of its rights to this part of Broadway and Florida avenue, 
but that the city shall have the right to move or order moved 
or shifted this part of this particular track at any time that 
the city may desire to do so, and upon the further express stipula- 
tion and condition that the track at this point as above men- 
tioned shall be a free track crossing Broadway and Florida 
avenue at the point mentioned, and any railroad or railroads 
desiring to use the same shall have the right to do so after first 
obtaining the consent of the city and paying the pro rata cost 


of said track. 


Second: The second party and its successors and assigns 
shall at all times receive, transport and switch all cars of freight 
offered by industries, persons, firms or corporations or by other 


railroads at Memphis upon the same basis of charges upon 


CITY CONTRACTS. 


equal and uniform service and without discrimination of any 


character. 


Third: The second party shall make no charges for switching 
freight in car-loads to and from connecting railroads, and to and 
from warehouses, persons, firms and corporations located on the 
tracks of said Railway Company within the switch limits of the 
City of Memphis which comes in or is destined to go out over the 


tracks of said second party. 


Fourth: The second party, its successors and assigns shall 
make no greater charge than $2.00 per car on any loaded car 
switched within the switch limits of the City of Memphis over 
the tracks of said second party. Empty cars shall be handled 


free by said second party. 


Fifth: Neither the second party nor its successors or assigns 
shall ever discriminate against the City of Memphis, its mer- 


chants, shippers or citizens in its freight or passenger rates. 


It is now expressly agreed that any breach of any one or 
more of the foregoing conditions and stipulations upon the part 
of the second party shall work an entire forfeiture of the per- 
mission and right of the second party, its assigns, or successors, 
granted hereunder, unless after thirty days notice from the city 
to the railroad company at the time operating said track, the 
breach of this contract complained of shall be fully rectified 


and repaired. 


Nothing herein contained shall be construed as a grant of 
any interest in the soil, and no permission or interest shall be 
acquired by the second party hereunder except what is expressly 
set forth. 


The City of Memphis does not warrant that it has the power 
or the right to make this grant to the second party, and the 


second party assumes all the risk of such lack of power. 


1025 


No charge 
—when. 


Charges. 


Discrim- 
ination. 


Breach of 
conditions 
work for- 

feiture. 


Title. 


1026 CITY CONTRACTS. 


. Witness the hands of the parties, the day and year above 
written. | 
ixecuted in duplicate. 
J. J. WILLIAMS, 
B. R. HENDERSON, 
JOHN ARMISTEAD, 


Fire and Police Commissioners. 
Approved: 


EK. B. LeMASTER, 
EK. C. GREEN, 
A. B. CARRUTHERS. 
D. GENSBURGER, 
W. D. MOON, 
Board of Public Works. 
NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY. 


‘ By J. W. THOMAS, President. 
(Seal N., C. & St. L. Ry.) 


Attest: O. H. AMBROSE, Secretary. 


ARTICLE 29. 
LOUISVILLE & NASHVILLE RAILROAD CO. 

Contract between the City of Memphis and the Louisville & Nash- 
ville Railroad Company, relative to the construction, operation 
and ownership of tracks in North Memphis. 

This contract, made and entered into by and between the City 
of Memphis and the Louisville & Nashville Railroad Company 

this 24th day of February, 1905, WITNESSETH: , 


a 
Franchise. The said City of Memphis, a municipal corporation in the 
State of Tennessee and County of Shelby, in consideration of the 
benefits to accrue to the said city and the citizens thereof, and 
for other considerations expressed hereinafter, and upon the 
terms and conditions hereinafter expressed, hereby grants to the 
Louisville & Nashville Railroad Company and its successors, a 


corporation chartered under and by virtue of the laws of the 


a: 


CITY CONTRACTS. 


State of Kentucky, the rights, franchises and privileges herein- 
after mentioned. 
rT 

It grants to the said Louisville & Nashville Railroad Company 
and its successors, the right to construct, own and operate for a 
term of thirty-three years, one track of standard gauge, from a 
point just east of Main street,. commencing at the track or 
tracks of the Louisville & Nashville Railroad Company at or near 
Auction street; thence across Main street and on the property 
of the City of Memphis known as the north half of Auction 
Square, which property is now under lease to the said Louisville 
& Nashville Railroad Company; and thence across Auction street 
in a southwesterly direction; and thence on private property 
owned or to be owned by the said Louisville & Nashville Railroad 
Company, to a point at or near the intersection of Front street 
and the east and west alley between Auction and Concord 
streets; and thence on Front street with two tracks of standard 
gauge with suitable cross-overs or tracks connecting the said 
tracks, south to the north line of Exchange street. The two 
tracks on Front street shall be so constructed that the center 
line of the east track shall not be more than 2114 feet, and the 
center line of the west track shall not be more than 34 feet from 
the property line or east line of Front street. The blue print 
hereto attached shows the tracks in question, and the said 
Louisville & Nashville Railroad Company and its successors are 
granted permission to operate engines and cars over and along 
all said tracks, whether on the streets and property of the city, 


or the private property referred to hereinabove. 


III. 

The said Louisville & Nashville Railroad Company shall handle 
and place on the said tracks on Front street the cars of all other 
railroad companies which may be tendered to it, and shall do so 
without discrimination. For placing loaded cars on such tracks, 


it shall be paid the sum of $2.00 per car, but shall not charge 


1027 


Limitation. 


Track across 
Main street 
to Front 

and on Front 
to Hxchange 


Switching 
charge, 


1028 


Not to leave 
cars on track. 


Coal cars. 


To pave 
Front street. 


To pave 
Exchauge 
street 


CITY CONTRACTS. 


for returning such cars when empty to the company or Souipanice 
from which it received them. It shall also receive $2.00 per car 
for delivering to any company or companies, cars which have 
been placed on the said Front street tracks to be transported by 
any other company or companies, but shall not charge for plac- 


ing empty cars on said tracks on Front street to be there loaded. 


Ly. 

No cars are to be stored on these tracks, nor to be placed on 
them for any other purposes than to be loaded or unloaded, but 
for such purposes cars may be left on such tracks for a period of 
forty-eight hours. 

Vi 

No cars loaded with coal are to be placed on said tracks for 
unloading except for direct delivery to persons, companies or 
corporations owning or using abutting lands, but for such pur- 


poses cars with coal may be placed on them. 


VI. 

The said Louisville & Nashville Railroad Company is to furnish 
nine feet of four-inch granite to be laid between the rails of the 
tracks on Front street, and is to take up and stack the old 
granite necessary to be removed in the laying of the tracks and 
is to lay and’surface the tracks, and is to furnish the gravel or 
other ballast for the foundation of the tracks. The city is to 
furnish the grade for the tracks. It is to place the ballast or 
foundation for the tracks, but at the expense of the Railroad 
Company; the object is to enable the city to get satisfactory 
foundation and drainage. The city is to lay the four-inch 
granite furnished by the company and is to relay the old granite 
so as to complete the street, and in return for this service is to 
have the nine feet of old granite for which the nine feet of four- 
inch granite is substituted. 

VII. 
The Louisville & Nashville Railroad Company is to pave Ex- 


change street from Front to Second, and is to pave Second 


CITY CONTRACTS. 


street from Exchange to Mill street with rock and rock asphalt 
as per the specifications which have been furnished ‘the said 
Railroad Company by the City Engineer; the city is to put the 
said streets to grade, ready for the rock foundations and is 
to curb the same, and in return for which, the city is to have 
the material taken from said streets. It is, however, understood 
and agreed, that should the city elect to do so within ninety days 
after the signing of this contract, it may substitute for the 
paving agreed by the said Louisville & Nashville Railroad Com- 
pany to be done on Second street, an equal amount of yards 
of paving to be done elsewhere by the said Louisville & Nashville 
Railroad Company, provided it is to be north of the Louisville & 
Nashville Railroad Company’s main line and on a street or 
streets in the vicinity of and leading towards the passenger or 
freight depot of said company in North Memphis, and providing 
further, that the said city will pave Second street from Exchange 
as far north as Auction street. If this substitution should be 
made, then the said Louisville & Nashville Railroad Company is 
not to be required to pave Second street from Exchange to Mill, 
and the paving so substituted is to be done in the same manner 
and with the same material as provided for above in connection 
with Second street, and the city is to do such work on the sub- 
stituted streets as is required of it above in connection with 


Second street. 


WLI Ie 
The said Railroad Company gives its consent for the city to 
construct an under-pass under its track at Manassas street in 
the City of Memphis, of the kind and according to the specifica- 
tions which the City Engineer has indicated, and the city may 
begin this work at any time, provided, it will give the said Rail- 


road Company fifteen days written notice. The steel structure 


to carry the Railroad Company’s track across said under-pass, - 


is to be built in accordance with the Louisville & Nashville Rail- 


road Company’s bridge specifications. While the work is being 


1029 


Second street. 


Manassas 
street subway. 


1030 


Conditions 
of grant. 


Grades of 
streets. 


CITY CONTRACTS. 


done, the said Railroad Company will protect its track, and will 
pay the city the entire cost of constructing the under-pass under 
its track and for a distance of twenty-five feet from the center 
of the track on both sides. The said Railroad Company will 
pay the city on the written orders of the City Engineer as the 
work progresses and aS may be agreed on by the City Hngineer 
and the Superintendent of the said Louisville & Nashville Rail- 
road Company. But as the consent of the Railroad Company for 
the city to construct an under-pass under its tracks is given at 
the instance of and at the demand of the city, now in considera- 
tion of this fact, and the undertaking of the Railroad Company 
to pay the portion of the expense hereinabove stated, the city 
agrees and obligates itself to take care of the drainage and to 
hold the Railroad Company and its successors free from any 
damage resulting from water, and to refund to the Railroad 
Company and its successors any amount or amounts it or they 
may have to pay to others on account thereof, and also to hold 
harmless and to refund to the said Railroad Company or its 


successors any amount or amounts it or they may have to pay 


for damages to abutting or other property owners for damages 


to the use of same growing out of or in any way incident to the 


construction of the said under-pass. 


IX. 


The rights, franchises and privileges herein granted are sub- 


ject to the conditions, restrictions and limitations of existing 


contracts between the City of Memphis and the Louisville & 
Nashville Railroad Company in reference to discriminations in 
freight and passenger rates, switching of cars and switching 
charges within the switch limits of Memphis, which it is under- 


stood includes the Louisville & Nashville Binghamton Belt Line. 


X. 
The city is to furnish the grades of the streets on which the 


tracks are to be constructed and the tracks are to be made to 


CITY CONTRACTS. 


conform to such grades. The rails of the tracks are to be laid 
as nearly as practicable with the level of the street, so as not 
needlessly to interfere with the passage of the water and vehicles 
over them. And should it become necessary for the city to 
change the grade of the streets on which the tracks are laid, 
the Railroad Company will, at its expense, make its tracks 
conform to such new grade,:and will keep the four feet and 
eight inches space between the rails of the tracks and for two 
feet on both sides of said rails in good condition and repair, and 
paved with the material used by the city on the portions of the 


streets adjacent to the tracks. 


Day 

It is understood that the city does not grant away, but ex- 
pressly reserves all of its police powers in and over and in 
respect to the grant of premises, and also its general power of 
legislation therein and over same, nor does it grant any other 
interest in the said premises except as herein expressly provided, 
nor any privileges except those herein enumerated, and those 
only upon the conditions and with the limitations herein pre- 
scribed and set forth; that it does not convey any interest in the 
soil on which the tracks are laid further than the right to con- 


struct the tracks and operate engines and cars on and over 


them; that the rights, franchises and privileges herein granted 


are without warranty and conveyed only so far as the city may 
have the right or power under its charter and legislative 
enactments to do so; that the city shall not be held for damages 
incident to the construction or operation of the tracks, but the 
Railroad Company agrees and obligates itself to stand between 
the city and such damages and will pay the city any amount it 
may have to pay under judgments, provided, the city will give 
the said company proper notice of any suits that may be brought 
against it, and will give the said Railroad Company the right 
to control said suits. It is the intent and meaning and purpose 


of this contract to grant to the Railroad Company only such 


1031 


Police pow- 
ers reserved. 


City not 
liable for 
damages in- 
cident to 
construction 
or operation. 


1032 


Limitation 
of work. 


Breach of 
conditions 
works for- 
feiture. 


CITY CONTRACTS. 


rights and title to the said premises as the city has thereto 
and power and authority to grant, and the Railroad Company 
acquires and accepts just such rights to use the granted premises 
and to exercise the privileges granted as the city has the right, 


power and authority to grant, and none other. 


ORI: 

The Railroad Company shall have six months after the accept- 
ance of this contract within which to construct the tracks herein 
provided for, and six months after the city makes its elect:on 
as to where the paving shall be done by the Louisville & Nash- 
ville Railroad Company, within which to do the paving. It is 
understood, however, that if the company shall be delayed in 
the construction of its tracks or in doing the paving specified, 
by litigation, or if it should be delayed by failure of the city to 
comply with its part of this contract, then such time is not to 


be charged to said Railroad Company. 


XLT, 

A breach of any of the material requirements of this contrast 
by the said Louisville & Nashville Railroad Company shall be 
ipso facto a termination of this contract, and the rights and 
privileges granted under it at the option of the City of Memphis, 
unless in thirty days after Sie notice to the said Railroad 
Company by the city, the breach complained of shall be rectified 
by the said Railroad Company. / 


XIV. 
The said Railroad Company shall have thirty days after the 
execution of this contract by the city, within which to file its 
written acceptance, and when this is done, the contract shall in 


every respect be binding on the city and the Railroad Company. 


CITY CONTRACTS. 1033 


This contract is executed in duplicate, and the corporate seals 
attached in testimony of all the above. 


J. J. WILLIAMS, 

JNO. T. WALSH, 

B. R. HENDERSON, 
Board of Fire and Police Commissioners. 

THOS. DIES, 

A. B. CARRUTHERS, 

GEO. C. LOVE, 

EK. B. LEMASTER, 

G. M. TIDWELL, 

W. D. MOON, 

D. GENSBURGER, 

WM. BERGSCHICKER, 
Supervisors of Public Works. 

(Seal City of Memphis. ) 
Attest: W. B. ARMOUR, City Secretary. 


(Seal L. & N. R. R.) ; 
LOUISVILLE & NASHVILLE R. R. CO. 


By M. H. SMITH, President. 
Attest: J. H. ELLIS, Secretary. 


ACCEPTANCE. 

The Louisville & Nashville Railroad Company hereby accepts 
the contract bearing date the 24th day of February, 1905, 
between the City of Memphis and the said company relative to 
the construction, operation and ownership of tracks in North 
Memphis, and accepts and assents to all the terms and conditions 


of said contract, and agrees to be bound thereby. 


In witness whereof, the said Louisville & Nashville Railroad 
Company has caused its corporate name to be signed hereto by 
its Fourth: Vice President and its corporate seal affixed hereto, 
attested by its Assistant Secretary, this 23rd day of March, 1905. 

LOUISVILLE & NASHVILLE RAILROAD COMPANY, 


By G. E. EVANS, Fourth Vice President. 
(Seal) 


Attest: W. H. BRUCE, Assistant Secretary. 


1034 


25 years 
franchise. 


To string and 
maintain 
wires. 


CITY CONTRACTS. 


ARTICLE 100. 
TENNESSEE DISTRICT TELEGRAPH CO. 

This contract, entered into this 10th day of September, 1903, 
between the City of Memphis, Tennessee, a municipal corpora- 
tion, party of the first part, and the Tennessee District Telegraph 
Company, a corporation created under the lawa of Tennessee, 
party of the second part, WITNESSETH: 


That for and in consideration of the benefits to accrue to 
the citizens of Memphis, and for the sum of one ($1.00) dollar 
cash in hand paid to the said city by the party of the second 
part, the receipt of which is hereby acknowledged, the said 
City of Memphis does hereby grant to the said Tennessee 
District Telegraph Company the right and privilege, for the 
term of twenty-five (25) years from and after the date hereof, 
of using the streets and alleys of the City of Memphis, as its 
boundaries now are, or may hereafter be established, for the 
purpose of constructing conduits in, and placing poles or posts 
on, said streets and alleys, to be used alone for containing, and 
holding or supporting wires, or other electrical apparatus, for 
the maintenance of a system of signal, burglar, fire-alarm, 
messenger and telegraphic service, to be established by the said 
Tennessee District Telegraph Company, with the right to string 
and maintain such wires as may be necessary in the transaction 
of ie business by said company, either in conduit constructed 
by itself, or in the conduits of others, and upon poles erected by 
itself, or by others; which grant of the privilege herein to the 
said Tennessee District Telegraph Company by the said City 
of Memphis, is subject to the following conditions, limitations 
and restrictions, and expressly subject to which the said second 


party takes and holds all of its rights hereunder, to-wit: 


_ First. That. the said second party shall put up, install and 
maintain only a first-class, modern system, constructed in the 


most approved manner, and to consist of the most modern ap- 


CITY CONTRACTS. 


paratus; said system, with its poles, wires and apparatus to 
be established, erected and constructed under the supervision 
and direction of the Chief of the Fire Department of the City 
of Memphis, and to be completed in such a manner as to meet 
with his entire satisfaction. The approval of the said system 
by the said Chief to be a condition precedent to the exercise 


of the rignts and privileges herein granted. 


Second. The said second party shall, and does hereby accept,’ 


as a part of this contract, all the terms, conditions and require- 
ments of the conduit ordinance passed on November 8, 1900; 
and the said terms, conditions and requirements of the said 
ordinance, which is here referred to as it appears upon page 
522 of the Digest of the Ordinances of the City of Memphis, 
are as much a part of this contract as if they were herein specifi- 
cally set out. And in the conduit district, as it is now, or may 
hereafter be prescribed, the said second party, as is provided in 
said ordinance, shall place all of its wires underground; that, 
when practicable, in the opinion of the Chief of the Fire Depart- 
ment of the City of Memphis, the second party shall place its 
wires in the conduits already constructed by other wire-using 


companies. 


Third. Whenever, in the opinion of the Chief of the Fire 
Department, it is practicable, the second party shall use for 
supporting its wires outside of the conduit district, such pole 
or poles of any other wire-using companies as is or are already 
erected, after first having had the consent of the Legislative 
Council of the City of Memphis to lease or rent said pole or 


poles of such other company or companies. 


Fourth. The second party does hereby agree to all of the 
terms and conditions of the pole rental ordinance passed on Feb- 
ruary 25, 1902, as set out in said ordinance on page 947 of the 
Digest of the Ordinances of the City of Memphis here referred 


to, and declared to be a part of this contract; and the said 


1035 


Apparatus 
established 
under direc- 
tion of 
Chief of 
Fire De- 
partment. 


Accepts con- 
duit or- 
dinance. 


To use poles 
of other 
companies. 


Agrees to 
pole rental 
ordinance. 


1036 


Top of poles 
reserved 
for city. 


CITY CONTRACTS. 


second party does hereby recognize, as a binding and legal obli- 
gation upon it to the City of Memphis, all of the terms and con- 
ditions as therein set out; and the pole rental therein provided 
for, and the terms and conditions therein set out, are a part of 
the consideration for the grant of the rights and privileges 
herein; and the said second party does hereby agree to pay to 
the City of Memphis the pole rental therein provided for—three 
($3.00) dollars per annum for each pole used by it—without 
regard to any judgment that may be rendered in any suit that 
may now be pending between any wire-using company and the 
said city, or any suit that may hereafter be instituted; said 
pole rental to be paid the city by the second party from the 
date said second party may erect, lease, rent or use such pole 
or poles. In the event said pole rental is paid by others, then 
the said second party shall not be required to pay any additional 
pole rental to the said city; but in the event said pole rental ‘is 
not paid by the company or companies from which the said 
second party rents or leases the use of said poles, and remains 
unpaid for thirty (30) days after written demand for the same 
by the city, then, from the date of such agreement to rent or 
lease, or, from the beginning of the use of such poles by the 
said second party, the said second party does hereby agree to 
pay to the City of Memphis the pole rental provided for in said 
ordinance, viz: Three ($3.00) dollars per pole per annum, 
which pole rental, it is agreed, shall apply to all poles used by 
said company in said city, whether they be upon streets, alleys, 


cublic or private property, or upon the rights-of-ways of railroads. 


Fifth. Three (3) feet on the top of all poles erected by the 


second party shall be reserved for the use of the fire and police 


wires of the city, free of charge; all such poles to be provided 


with cross-arms for city wires, under the direction of the Chief 
of the Fire Department of the said city, and at the expense of 


said second party. 


CITY CONTRACTS. 


Sixth. That the second party shall, when it erects poles or 
constructs conduits, replace the earth, pavement or sidewalk that 
may have been removed, in a good manner, and in all respects 
cause conditions to be the same as they were before the erection 
of its poles, or construction of its conduits, and to the entire 


satisfaction of the first party and its Engineer. 


Seventh. All poles shall be set, conduits constructed and wires 


strung or attached by said second party in such a manner as 


1037 


To replace 
streets in 
condition. 


Wires not to 
interfere with 
other wires, 
etc. 


not to interfere with the poles, conduits or wires of any other - 


wire-using company, and in such manner as not to interfere with 
the Fire Department in any way; all poles set, conduits con- 
structed and wires strung or attached, and all work—both of 
construction and maintenance by said second party, shall be 
done in such manner as not to interfere with or injure any 
public or private property, or the public service, in any way, 
and shall be subject to the approval of the Chief of the Fire 


Department and the City Engineer of the first party. 


Highth. It is further agreed that, in the conduits put in by 
the second party, there shall be reserved one duct of ample size 
for wires now or hereafter: owned by the city, for the use ot 
its Fire and Police Departments, and said duct shall be used by 


the city free of cost or rent. 


Ninth. Before constructing, leasing, renting or using any 
conduits, or before erecting, renting or leasing any pole or poles 


from other wire-using companies the consent of 


in the city, 
the city, obtained in the usual way, shall first be had by the said 


Tennessee District Telegraph Company. 


Tenth. It is further agreed that the Tennessee District Tele- 
graph Company, its successors and assigns, shall, at all times 
indemnify and save harmless the City of Memphis against any 
and all damages, claims, costs and expenses which said city 


may suffer, or any judgment that may be recovered from or 


One duct in 
conduit 
for city. 


Secure per- 
mits for 
work, 


Save city 
from 
damages. 


1038 


Police pow- 
ers reserved. 


To furnish 
service. 


Charges 
limited. 


CITY CONTRACTS. 


against the said city by reason of the grant of said privileges 
and authority, or directly or indirectly grow out of the eau 
of such privileges, or the exercise thereof, by the said Tennessee 
District Telegraph Company, its successors or assigns. A fail- 
ure to comply with this portion of this agreement for ninety 
days after final judgment rendered against said city, and after 
written notice duly given said company by said city, operates as 


a forfeiture of the privileges herein granted. 


Eleventh. It is also understood that the city does not grant 
away any of its police powers in any respect to or over the 
streets or alleys, nor any of its general powers to control or 
regulate the same, nor does it grant any interest in the soil, 
but only the privileges Herein specially enumerated, and only 
upon the conditions, limitations and restrictions prescribed in 


this contract. 


Twelfth. And in consideration of the grant of the above rights 
and privileges, the second party, or its assigns, shall furnish 
signal, burglar, fire-alarm, messenger and telegraph service to 
persons desiring to subscribe for the same; and the charges 
to subscribers for the furnishing of such service, through such 
apparatus as may be necessary, shall not exceed the following 


rates per month, to-wit: 


For first apparatus or box, two ($2.00) dollars per month; 
second apparatus or box, one ($1.00) dollar per month, and for 
each additional apparatus or box, fifty (50) cents per month, 
said charges (not to exceed the amounts above stated), shall be 
uniform, and there shall be no discrimination-in the charges to 
its various subscribers by said Tennessee District Telegraph 
Company; and no subscriber or patron of said company shall 
be legally liable for service rendered him, for any amount in 
excess of the charge to any other subscriber or patron, for a 


similar service. 


CITY CONTRACTS. 


Thirteenth. It is expressly understood and agreed that the 
rights and privileges herein granted, are not transferable by 
the second party, except upon consent of the Legislative Council 
of the City of Memphis; and a complete and continuing compli- 
ance by the said second party with all of the terms and pro- 
visions herein set out, is hereby agreed to be a condition prece- 
dent to the continuance of said rights and privileges; and a non- 
compliance with the said terms and provisions, either directly or 
indirectly, or through subterfuge, shall immediately operate as 


a forfeiture of all the rights and privileges the said second 


1039, 


Rights not 
transferable 
except on 
city’s consent. 


party has acquired hereunder, and this contract shall become null 


and void. 


Fourteenth. It is expressly understood and agreed by the 
second party, that the setting up herein of any of the provisions 
of any ordinance referred to, and declared to be a part of this 
contract, shall not be construed to mean the waiving of any of 
the other provisions set out in said ordinance; but that all 
other provisions in said ordinance are as much a part of this 
contract as if specifically set out, and notwithstanding the ex- 


pression herein of some of their provisions. 


Witness the hands of the said parties the day and year above 


written. 
TENNESSEE DISTRICT TELEGRAPH COMPANY, 


By GEO. H. FEARONS, General Agent. 
J. J. WILLIAMS 
B. R. HENDERSON, 
JOHN ARMISTEAD, 


Board of Fire and Police Commissioners. 
Approved: 


WM. LACROIX, 
W. D. MOON, 
A. B. CARRUTHERS, 
ED F. GRACE, 
D. GENSBURGER, 
E. C. GREEN, 
BK. B. LEMASTER, 
Board of Public Works. 


1040 


Preamble. 


CITY CONTRACTS. 


RATIFICATION. 
TENNESSEE DISTRICT TELEGRAPH CO. 
GENERAL OFFICES 


WESTERN UNION BUILDING, NEW YORK. 


Extract from the minutes of the Executive Committee of the 
Tennessee District Telegraph Company meeting held March 


16, 1903: 


“On motion duly made and seconded and by the unanimous 
vote of all present it was resolved that George H. Fearons, of 
195 Broadway, New York city, New York, be and hereby is, 
appointed and confirmed, and his acts in this company’s behalf 
authorized, ratified and approved, as General Agent in Sienine 
this company’s name and executing in its behalf all contracts, 
bonds, appeal bonds in litigations, cases and licenses, tax returns, 


affidavits, pleadings and like documents.” 


A true and correct copy from the minutes. 
(Signed) J. C. WILLEVER, 


Secretary. 
(Seal of Tenn. Dist. Tel. Co., Incorporated 1902.) 


ARTICLE 101. 
CUMBERLAND TELEPHONE & TELEGRAPH CO. 

Whereas, for the recovery of certain pole rental provided for, 
under an ordinance of the City of Memphis, passed on February 
25, 1902, a suit was instituted by the City of Memphis against 
the Cumberland Telephone & Telegraph Company, on June 25th, 
1902, in the Chancery Court of Shelby County, which was re- 
moved to and is now pending in the United States Circuit 


Court; and, 


Whereas, the said City of Memphis and the said Cumberland 
Telephone & Telegraph Company desire to compromise and settle 
said suit, . 

It is now stipulated, and agreed between the said parties 


that in consideration of the agreements and undertakings by 


CITY CONTRACTS. 


the said Cumberland Telephone & Telegraph Company, herein- 
after set out, the said City of Memphis, after the payment of 
all court costs by the said Telephone Company, hereby orders 
said suit to be dismissed. In compromising and dismissing said 
suit, however, the said city does not surrender any right that 
it may have to collect a pole rental from said Telephone Com- 
pany, except for the years 1902 to 1903. For any year or years 
after 1903, the right of the city to collect a pole rental from 
said company remains unchanged and unprejudiced by this 
agreement in compromise of the pending suit, and whatever 
rights, if any, the said Telephone Company may have in defense 
of any suits brought for such rental are also unprejudiced by 


this agreement. 


The several undertakings and agreements of the said Cumber- 
land Telephone & Telegraph Company with the said City of 
Memphis, which are the considerations for the dismissal of the 


said suit, are as follows: 


First. The said Cumberland Telephone & Telegraph Company 
in the exercise of any rights that it may have shall not charge 
for its services as a telephone company an amount which shall 
exceed an average per station of one ($1.00) dollar per week, 
until the number of stations connected with the exchange of 
said company shall exceed seven thousand, when the limitation 


upon charges fixed in this contract shall cease. 


Second. The said Telephone Company shall furnish free, for 
the use of the Police and Fire Alarm wires of the said city, one 
duct in its present underground system, and such additional 
system as it may construct from time to time, together with 
necessary and proper space in the various man-holes, for the use 
of the city wires. Said Telephone Company shall also furnish 
free, for the use of the police and fire alarm wires of the city, 
space upon all of its poles now or hereafter erected, and shall 


erect up-rights and cross-arms of such reasonable dimensions 


1041 


Suit for 
pole rental 
to be dis- 
missed. 


Right to col- 
lect rental 
after 1903 
reserved. 


Conditions. 


Charge for 
service. 


One duct 
furnished city 
free and 
space on poles 
for fire 

alarm wires, 
etc. 


1042 


Circuit in 
fire engine 
houses. 


Free tele- 
phone service 
to city. 


Obligations 
continuous. 


CITY CONTRACTS. 


and construction as the city may direct, upon the top of its 
poles, for the placing of said city wires; but the city’s wires 
shall be so placed as not to interfere with the wires of said 
Telephone Company. 


Third. The said Telephone Company shall erect and establish 
a ringing circuit, and furnish bells and generators for the same, 
in all of the fire engine houses now used, or hereafter to be 
acquired and used by the city. Said Telephone Company shall 
also establish and erect a twelve drop switchboard for the 
police station of said city, and extension lines for eight desk 
sets in the police station of said city. 


Fourth. Said Telephone Company shall furnish telephones 
free of charge to the following city institutions and offices, viz: 
City Secretary’s office, Mayor’s office, Board of Health, two (2) 
Crematories, Engineer’s office, two (2) City Stables, Hospital, 
Board of Education, and the same service to Public School 


‘Buildings as now rendered. 


Fifth. The performance of the things herein above specified 
shall be a continuing obligation upon said Telephone Company, 
its successors and assigns, so long as it may exercise any rights 
that it may have to do a telephone business in the City of 
Memphis. 


In witness whereof the said City of Memphis, and the said 
Cumberland Telephone & Telegraph Company, through their 
proper officers, have hereto signed their names and set their 
seals this 16th day of July, 1903. 

J. J. WILLIAMS, 
B. R. HENDERSON, 
Fire and Police Commissioners. 


EK. B. LEMASTER, 
WM. LACROIX, 

W. D. MOON, 

EK. C. GREEN, 

A. B. CARRUTHERS, 
D. GENSBURGER, 


Board of Public Works. 
CUMBERLAND TELEPHONE & TELEGRAPH CO. 


Pr. JAMES E. CALDWELL, President. 
(Seal C. T.-& T. Co.) 


Attest: ROLAND HUME, Secretary. 


CITY CONTRACTS. 


1043 


ARTICLE 102. 
SOUTHERN RAILWAY CO. ET. AL. 
(In Re “Elmwood Cemetery Bridge.’’) 

This contract and agreement, made and entered into this the 
31st day of December, 1904, by and between the City of Memphis, 
a municipal corporation under the laws of Tennessee, herein- 
after for convenience called the city, party of the first part; and 
Southern Railway Company, St. Louis & San Francisco Railroad 
Company, Kansas City, Memphis & Birmingham Railroad Com- 
pany, Union Railway Company, and Nashville, Chattanooga & 
St. Louis Railway, all duly incorporated, hereinafter for con- 
venience called the Railroad Companies, parties of the second 


part, WITNESSETH: 


That whereas a controversy has arisen between the city on the 
one side, and said Railroad Companies on the other, relative 
to the respective duties and obligations imposed upon each in 
reference to the construction of a new bridge over the rights-of- 
way of said Railroad Companies, at the crossing of Dunlap street 
into the North gate of Elmwood cemetery, in the City of Mem- 
phis, Shelby County, Tennessee, and certain litigation is now 
pending in the Chancery Court of Shelby County in reference 


thereto; and, 


Whereas, all matters of difference in reference to the construc- 
tion and future maintenance of said bridge has, after a full con- 
ference between all of said parties, been amicably adjusted and 
- settled, and it is desired to reduce the terms of said settlement to 


writing; now, therefore, 


In consideration of the premises, it is severally agreed as 


follows: 


First. The city will, as promptly as can reasonably be done, 
construct a new bridge at said point on plans substantially as 
heretofore submitted to Railroad Companies by the City En- 


gineer. The work of construction of said bridge is to be done 


Preamble. 


Build bridge 
over tracks 
lading into 
Elmwood 
Cemetery. 


1044 


Clearance 
of bridge. 


Cost of 
bridge ap- 
portioned. 


CITY CONTRACTS. 


wholly by the city, and under the supervision of the City En- 
gineer. The city is to assume, and hereby does assume, responsi- — 
bility for the entire construction of said bridge and its stability, 
at a cost not to exceed the sum of fifteen thousand ($15,000.00) 


dollars. 


Second. Said bridge is to be constructed on the plans here- 
tofore submitted by the City Engineer, with a clearance of 
twenty-one (21) feet over the rights-of-way of the St. Louis & 
San Francisco Railroad Company and the Kansas City, Mem- 
phis & Birmingham Railroad Company, and of the Southern 
Railway Company, the same being the center fifty (50) feet of 
Broadway, and the heights over the remaining rights-of-way on 
the north and south sides of Broadway shall be increased about 
one (1) foot and six (6) inches over the elevations shown on 
the present plans, so as to increase the elevation over the rights- 
of-way owned by the Union Railway Company on the south and 
the rights-of-way owned by the city and the Nashville, Chat- 
tanooga & St. Louis Railway Company on the north, one (1) 
foot and six (6) inches over the elevation shown on the present 


plan. 


Third. The north twelve and one-half (1212) feet of Broad- 
way (which is estimated to be one hundred feet wide) belongs to 
the City of Memphis. The several railroad companies, parties 
hereto, agree in the first instance to contribute to the City of 
Memphis the total cost of the bridge to be constructed hereunder, 
not to exceed fifteen thousand ($15,000.00) dollars, in the pro- 
portion of two-sevenths (2-7) to the Union Railway Company, 
two-sevenths (2-7) to the Kansas City, Memphis & Birmingham 
Railroad Company and the St. Louis & San Francisco Railroad 
Company jointly, two-sevenths (2-7) to the Southern Railway 
Company, and one-seventh (1-7) to the Nashville, Chattanooga 
& St. Louis Railway; upon the distinct understanding and con- 


dition, however, that the city agrees ultimately to pay its proper 


CITY CONTRACTS. 


pro rata of the total cost of such construction, said pro rata 


1045 


being one-eighth (1-8) of the total. This one-eighth (1-8) of the ~ 


total cost so to be contributed by the several railroad companies 
is to be charged to the city’s right-of-way, and is to be paid to 
the several railroad companies in the proportions stated by any 
vailroad company or other corporation hereinafter occupying 
the right-of-way owned by the city on the north side of Broad- 
way, whenever said city shall grant the right to use the same to 
any such railroad or other corporation, and the repayment of 
this one-eighth (1-8) of the total cost by such company, with 
interest thereon at six per cent from date, shall be made a 
condition precedent to the granting of any such right or franchise 


by the city. 


Fourth. Paragraph 2 above shows that in order to secure the 
necessary clearance of twenty-one (21) feet over the rights-of- 
way on the north and south sides of Broadway, it may be neces- 
sary to do extra concrete or stone work for the protection of 
the tracks and embankments of the several railroad companies. 
If such becomes necessary, the cost of such extra concrete or 
stone work as may be necessary is to be borne by the parties 


hereto in the proportions stated in paragraph 3. 


Fifth. The City of Memphis will furnish the necessary right- 
of-way for the abutments of and the necessary approaches to 
the bridge to be constructed hereunder, free of any expense or 


liability to the railroad companies therefor. 


Sixth. The city will pass, by its Legislative Council, such 
ordinance or ordinances. and will execute such contracts as may 
be necessary to carry this contract and agreement into effect, 
and so that the said bridge may be lawfully constructed, and will, 
in like manner, by proper action of its Legislative Council, pass 
all necessary ordinances establishing a legal grdde for the bridge 


at the elevation hereinabove indicated. 


Extra con- 
crete work. 


Approaches 
to the bridge. 


Grade of Dun- 
lap street. 


1046 


Bridge—how 
maintained. 


To dismiss 
litigation. 


CITY CONTRACTS. 


Seventh. The bridge shall, in future, be maintained by the 
City of Memphis, the cost of ordinary repairs thereof to be paid 
by said city, and said railroad companies will contribute to said 
expense in the proportion of two-eighths (2-8) to the Union Rail- 
way Company, two-eighths (2-8) to the Kansas City, Memphis & 
Birmingham and St. Louis & San Francisco Railroad Company 
iointly, two-eighths (2-8) to the Southern Railway Company, and 
one-eighth (1-8) to the Nashville, Chattanooga & St. Louis Rail- 
way Company, the city agreeing to pay the remaining one-eighth 
(1-8) of the cost of such repair. But it is understood and agreed 
that if costly or expensive repairs or betterments shall here- 
after become necessary, the same shall only be done by the 
city under the supervision of the City Engineer, upon the 
approval and with the consent of the. engineers of the railroad 


companies. 


Highth. The litigation now pending in the courts of Shelby 
County shall be dismissed by the complainants therein, respec- 


tively, at the cost of the complainant in each case. 


This contract is executed in six (6) parts by all of the parties 


hereto, each one of which shall be considered as an original. 


In witness whereof the said City of Memphis, pursuant to due 


authority given by its Legislative Council, has caused this con- 


tract to be signed by its Mayor and Legislative Council, and the 


seal of the corporation attached hereto; and said railroad com- 
panies respectively have caused these presents to be signed by 
the President and attested by the Secretary of each corporation, 


‘respectively, and the seal of the same to be atached hereto, this 


the day and year above written. 
CITY OF MEMPHIS, 
By J. J. WILLIAMS. 
B. R. HENDERSON, 
JOHN T. WALSH, 
Board of Police and Fire Commissioners. 
E. B. LEMASTER, 
THOS. DIES, 


CITY CONTRACTS. 


D. GENSBURGER, 
A. B. CARRUTHERS, 
G. M. TIDWELL, 
WM. BERGSCHICKER, 
GEO. C. LOVE, 
W. D. MOON, 
Board of Public Works. 
UNION RAILWAY CO. 
By H. HE. FLEMMING, President. 
Attest: J. W. CANADA, Sec. Union Ry. Co. 
(Seal U. Ry. Co.) 
ST. LOUIS & SAN FRANCISCO RAILROAD 
COMPANY, 
By C. R. GRAY, Second Vice-President. 
KANSAS CITY, MEMPHIS & BIRMINGHAM 
RAILROAD CO. 


By A. J. DAVIDSON, President. 
J. E. EGAN, Atty. 


NASHVILLE, CHATTANOOGA & ST. LOUIS 
RAILWAY, 
By J. M. THOMAS, JR., General Manager. 
SOUTHERN RAILWAY COMPANY, 
By AILENT, Fourth Vice-President. 


ARTICLE 103. 
N. C. & ST. L. R. R. AND THE BERLIN COAL CO. 

This contract, made and entered into this, lst day of June, 
1903, by and between the City of Memphis, Tennessee, a munici- 
pal corporation, party of the first part; the Nashville, Chat- 
tanooga & St. Louis Railway Company, a corporation created 
under the laws of the State of Tennessee, party of the second 
part, and W. T. Ch Berlin, doing business under the name of 
the Berlin Coal Company, a citizen of Shelby County, Tennessee, 
party of the third part, WITNESSETH: 


1047 


1048 CITY CONTRACTS. 


Preamble. That whereas the said third party has petitioned the said 
first party for the privilege of having said second party granted 
the right to run a switch track into the coal yard of the third 
party, located on the northeast corner of Broadway and Orleans 


streets in the City of Memphis; and, 


Whereas, on May 29th, 1903, the Legislative Council of the 
first party granted said petition of the third party, upon the fol- 
lowing considerations, conditions and restrictions, hereinafter 


set forth, all of which are to be embodied in this contract; 


Switch on. Now, therefore, in consideration of the premises, and the sev- 
Broadway into 


Ce ear eral undertakings and promises, and one dollar to it in hand paid, 
the said first party hereby grants to the said second party, 
subject to the will and pleasure of the Legislative Council of 
the said first party, the right to build and maintain a switch 
track from its main track at a point about two hundred and fifty 
(250) feet east of Orleans street, and running thence from said 
point in a northwesterly direction across the city’s property 
lying along the north line of Broadway, into the coal yard of 
the third party; the said switch track to be built from the 
point and in the direction as shown upon the plat hereto attached 


and made a part of this contract. 


Conditions. The grant of the privilege herein is subject to the following 
conditions, restrictions and reservations, and expressly subject 
to which the said second and third parties take and hold all of 


their rights hereunder, to-wit: 


First. Neither the second party nor the third party shall 
have any rights or privileges on the twelve and one-half (1214) 
feet of land lying between the north line of Broadway and the 
Nashville, Chattanooga & St. Louis Railway Company, belonging 
to the City of Memphis, other than the right of said second 
party to construct and maintain the said switch track, as above 
described, and the right of said second and third parties to use 


said switch track for the purposes of the present business of 


CITY CONTRACTS. 


the said third party, and the use of so much of this strip of 
twelve and one-half (121%4) feet of land in this manner, shall 
be subject to, and only during the will and pleasure of the 
Legislative Council of the first party, and before the grant of 
this privilege shall become effective, the third party shall cause 
to be removed any fences or obstructions on this twelve and 
one-half (1214) feet of land belonging to the city, that may be 
used by him, or that may have been placed thereon by him or the 
owner, or any previous owner or owners of the property now used 


by him as a coal yard. , 


Second. The construction of said track shall be under the 
supervision of and subject to the approval of the City Engineer. 
In witness whereof the parties have hereunto affixed their 
signatures, this lst day of June, 1903. 
J. J. WILLIAMS, 
B. R. HENDERSON, 


Fire and Police Commissioners. 
Approved: 


ED F. GRACE, 
E. C. GREEN, 
HH. -DITTY, 
A. B. CARRUTHERS, 
W. D. MOON, 
WM. LACROIX, 
E. B. LEMASTER, 
D. GENSBURGER, 
Supervisors of Public Works. 
NASHVILLE, CHATTANOOGA & ST. LOUIS RY. 


By JNO. M. THOMAS, JR., General Manager. — 
Witness: 


R. F. HANOVER. 
BERLIN COAL CO. 
W. T. C. BLRLIN. 


1049 


1050 


Preamble. 


Asphalt on 
certain 
streets. 


CITY CONTRACTS. 


ARTICLE 104. 
MEMPHIS ASPHALT & PAVING CO. 

This agreement, made this the 25th day of October, 1902, by 
and between the Memphis Asphalt & Paving Company, a corpora- 
tion created and existing under the laws of the State of Ten- 
nessee, party of the first part, and the City of Memphis, a munici- 
pal corporation, party of the second part, WITNESSETH: 


That whereas, on July 29th, 1902, the City of Memphis adver- 
tised, inviting proposals for laying asphalt pavements within the 
limits of said city, a full and true copy of which advertisement is 
hereto attached and made a part hereof, and marked “Exhibit 


A. 5 and, 


Whereas, in accordance with said advertisement, the first party 
duly filed its written bids offering to lay such asphalt pavements, 
one of said bids providing for a five years guaranty upon such 
work and the other providing for a ten years’ guaranty is hereto 
attached and made a part of this contract, and marked “Ex- 


hibit B;* 


And, whereas, the Legislative Council of the City of Memphis 
determined to require a ten years’ guaranty of the work to be 
done, upon the full consideration of the bids filed, it was voted 
and determined to award to the first party the contract for 
doing two-thirds (2-3) of the total amount of the work adver- 
tised for as aforesaid; and, whereas, in the advertisement afore- 
said, certain specifications and requirements were referred to 
which shouid be the basis upon which such bids were made and 
the work should be ene: said specifications are hereby attached 


and made a part hereof and marked Exhibit ‘‘C.” 


Now, therefore, in consideration of the premises, and of the 
payments and covenants herein mentioned to be made and per- 
formed by the second party, ‘the first party hereby covenants and 
agrees to perform for the second party the following work, 


namely: To lay pavements of sheet asphalt over two-thirds 


CITY CONTRACTS. 


(2-3) of the total surface of the parts of streets mentioned and 
set forth in the thirteenth clause of the general specifications 
herein mentioned, said two-thirds of the area of said streets 
to be designated by the Fire and Police Commissioners of the 
City of Memphis, the second party reserving the right to assign 
or designate all or any fractional part of the streets of said city 
as set forth in said thirteenth clause of said specifications, the 
total area, however, to aggregate two-thirds of the whole area 
named in said thirteenth clause. The said first party of the first 
part further covenants and agrees, for the consideration herein- 
after stated, to furnish all the work required to be done, and 
all material necessary, in strict accordance with the terms of 
the advertisement, specifications and bids above mentioned and 
made Exhibits A, B and C to this contract, and made a part 
hereof. And the first party further covenants and agrees to 
commence the work embraced in the agreement or contract on 
or before the 31st day of December, 1902, and to prosecute the 
same in such manner and with such force of men and teams 
as will insure and effect the full and entire completion of all 
the work on or before the 31st day of July, 1903. For and in 
consideration of the faithful performance of all the stipulations 
and conditions of the foregoing agreement by the party of the 
first part, the party of the second part covenants and agrees 
to pay to the party of the first part, in accordance with its bid, 
the following compensation, to-wit: The sum of one dollar and 
forty-eight cents ($1.48) per square yard of street surface paved 
with said sheet asphalt as aforesaid. It is, however, expressly 
understood and agreed that the price herein stipulated for is 
to be paid on the basis of final and accurate measurement of the 
work embraced in this agreement. It is further understood and 
agreed that the specifications of the work and material embraced 
in this contract at the date of its execution, as shown by plans 
embraced and specifications, may be changed by consent of both 


parties hereto, and that no subsequent diminution or increase 


1051 


Cost. 


Specifications. 


1052 


CITY CONTRACTS. 


in the amount of the work that may arise, either from error 
in the original estimate or from any changes which the City 
Engineer and Board of Fire and Police Commissioners may make 
in the plan of the work, shall entitle the first party to any allow- 
ance whatever beyond a final measurement of the actual work 
done in accordance with the specifications from notes and meas- 
urements of any by the City Engineer to be made after the final 
completion of the work. It is further agreed and stipulated by 
and between the parties that, should the city desire to lay asphalt 
upon a greater number of blocks of any street named in the 
specifications above referred to, in addition to the part of the 
blocks named and indicated in said. specifications, the party of 
the first part will, at the request of the city, lay asphalt upon 
such additional blocks, not, however, to exceed five (5). addi- 
tional blocks upon any one street, and all of the terms of this 
contract, together with the guaranty and bond hereinafter re- 
ferred to, shall cover such additional blocks as fully as if the 
same had been described and set forth in the original specifica- 
tions. Nor shall such change or changes affect the liabilities 
of the bond to be given by the first party for the faithful per- 
formance of this contract. On or about the first day of every 
month. during the progress of the work, an estimate shall be | 
made of the approximate value of the work done, to be judged. 
by the City Engineer, and, upon his certificate of the amount, 
approved by the Mayor and the Fire and Police Commissioners, 
eighty-five per cent. (85%) of the amount of said estimate shall 
be paid to the party of the first part, provided the anioue due 
under said estimate to the first party shall be more than one 
thousand dollars. And when each street embraced in this con- 
tract is completed agreeably to the specifications, advertisement 
and bid aforesaid, and in accordance with the directions, and 
to the satisfaction and acceptance of the City Engineer, there 
shall be a final estimate made of the quality, character and 


value of said work agreeably to the terms of this contract, when 


CITY CONTRACTS. 


the balance appearing due to the first party shall be paid to such 
first party. And it is further understood and agreed that the 
work embraced in the contract shall be commenced as aforesaid 
on or before the 31st day of December, 1902, and prosecuted 
with such force and material as the City Engineer may aeem 
adequate to its completion within the time above specified, and 
if at any time the first party shall refuse or neglect to prose- 
cute the work as above provided, then, and in that case, the City 
Engineer, with the approval of the Board of Fire and Police 
Commissioners, may employ such number of workmen, laborers 
and overseers, and purchase such material as may, in his opinion, 
be necessary to insure and effect the completion of the work 
within the time hereinbefore limited at such wages and prices 
as he may find it necessary to give, pay all persons and for all 
material so employed and bought, and charge the amount so paid 
to the first party, as so much money to said first party on this 
contract. Or the City Engineer may, with the approval of the 
Legislative Council, and at their option for failure to prosecute 
the work with adequate force and material, or for any other 
omission or neglect of the requirements of this agreement on 
the part of the party of the first part, declare this contract for- 
feited, which declaration of forfeiture shall exonerate the second 
party from any and all obligations arising under this contract, 
the same as though this agreement had never been made, and 
any amount or amounts reserved upon any work done by the 
first party under this contract may be retained forever by the 
second party, whether the default shall have occurred in respect 
to that particular part of the work or not. It is also further un- 
derstood and agreed that in case the party of the first part fail 
or refuse to complete the work undertaken under this contract 
within the time herein designated for the completion of the 
same, for every day beyond such day of completion fixed herein 
that he so fail he shall pay the party of the second part as liqui- 
dated damages the sum of fifty dollars per day, which the first 


1053 


1054 


Ten years’ 
maintenance. 


CITY CONTRACTS. 


party agrees shall be deducted from the amount agreed herein 
to be paid to him by the party of the second part. It is also 
distinctly understood and agreed by and between the parties 
hereto that this contract is entered into subject to the right of 
the Mayor, Board of Fire and Police Commissioners and City 
Engineer to suspend such work for any failure on the part of 
the party of the first part, and that such suspension shall not 
affect the right of the City of Memphis to any damages or pen- 
alties incident to such failure. And it is mutually aeieea and 
understood that the decision of the City Engineer shall be final 
and conclusive in any disputes which may arise between the 
parties to this agreement relative to or touching the same, 
as to any questions that may arise regarding the character and 
quality of material and work, the estimates of monthly payments 
and measurements for final payments, and as to any other mat- 
ters or questions arising hereunder that should and Cae to 
be determined by any engineer. The foundation to be made 
of gravel as provided in the specifications and furnished by the 
party of the second part, shall be laid subject to the approval 
of the party of the first part. When the first party lays asphalt 
upon a gravel foundation furnished by the second party it shall 
be conclusive upon the first party that such gravel foundation 
is good, suitable and sufficient. The party of the first part is 
to give bond with sureties to be accepted by the Fire and Police 
Commissioners, in the penalty of twenty thousand dollars ($20,- 
000.00), conditioned for the full and faithful performance on its 
part of all the terms and provisions of this contract, and this 
contract shall not take effect until said bond shall be given 
and accepted. Said bond shall contain the express provision 
obligating the principal and sureties upon said bond to maintain 
and keep in good order and perfect condition during a period 
of ten years, beginning with the completion of said work, all 
of the work under this contract, and such maintenance shall 


be done promptly and in strict accordance with the requirements 


CITY CONTRACTS. 1055 


of the specifications above set forth. It is further agreed that 
the party of the second part shall not permit any part or portion 
of any street upon which asphalt is laid by the party of the 
first part to be cut into or disturbed by any person, firm or cor- 
poration, unless such person, firm or corporation shall have made 
a written contract with the party of the first part to repair the 
foundation and relay the asphalt so as to preserve the condition 
of the street, provided the price charged by the first party for 
such work be reasonable, and, in case of a disagreement, the City 
Engineer shall determine what is a reasonable price for such 
work. 
Executed in duplicate this the 25th day of October, 1902. 
(Seal M. A. & P. Co.) 
MEMPHIS ASPHALT & PAVING CO., 
By S. T. CARNES, President. 
W. E. McGEHEE, Sec’y and Treasurer. 
J. J. WILLIAMS, 
B. R. HENDERSON, 
JOHN ARMISTEAD, 
Board of Fire and Police Commissioners. 
ED. F. GRACE, 
Halil it LY, 
WM. LACROIX, 
D. GENSBURGER, 3 
W. D. MOON, 
EK. B. LEMASTER, 
E. C. GREEN, 
A. B. CARRUTHERS, 
Board of Public Works. 


STATE OF TENNESSEE, 


COUNTY OF SHELBY. 


We, the Memphis Asphalt & Paving Company, as principal, 
and S. T. Carnes, Henry Duffin, J. H. Sullivan, W. E. McGehee 


and W. W. Talbert, as sureties, hereby acknowledge ourselves 


1056 


CITY CONTRACTS. 


indebted to the City of Memphis, in the State and county afore- 
said, in the sum of twenty thousand ($20,000.00) dollars well 
and truly to be paid by ourselves, our successors, heirs and per: 


sonal representatives. 


But this is a penal obligation, the condition of which is that 
the said Memphis Asphalt & Paving Company has on this, the 
14th day of November, 1902, entered into a contract with the 
City of Memphis for laying and maintaining certain asphalt 
pavements within said city, which said contract, and the adver- 
tisement, specifications and bid are referred to as being hereto 
attached, and all of said contract, advertisement, specifications 
and bid are made a part of this bond, as if the same were set 
forth in full herein, the said S. T. Carnes, Henry Duffin, J. H. 
Sullivan, W. E. McGehee and W. W. Talbert, suretion aero. am 
edging their complete knowledge of the contents of said contract, 
and the papers and exhibits thereto, and accepting the terms and 
provisions thereof. Now, should the said Memphis Asphalt & 
Paving Company well, fully and truly perform all the terms and 
provisions of said contract on its part, then this obligation shall 
be null and void, otherwise it shall remain in full force and 


effect. 


Witness our hands this the 14th day of November, 1902. 
MEMPHIS ASPHALT & PAVING CO., 
By S. T. CARNES, President. 
S. T. CARNES. 
J. H. SULLIVAN. 
W. E. McGEHEE. 
HENRY DUFFIN. 


W. W. TALBERT. 
(eal M. A. & P. Co.) 


Attest: W. E. McGEHEE. 


CITY CONTRACTS. 1057 


STATE OF TENNESSEE, 


SHELBY COUNTY. 


Personally appeared before me, C. Q. Carnes, a Notary Public 
in and for said county and State, duly commissioned and quali- 
fied, S. T. Carnes, J. H. Sullivan and W. E. McGehee, the within 
named bargainors, with whom I am personally acquainted, and 
who acknowledged that they executed the within instrument for 


the purposes therein contained. 


Witness my hand and notarial seal, at Memphis, county and 
State aforesaid, this 14th day of November, 1902. 
(Seal. ) C. Q. CARNES, Notary Public. 


STATE OF TEXAS, 


COUNTY OF JEFFERSON. 


Personally appeared before me, Joe Williams, a Notary Public 
in and for said county and State, duly commissioned and quali- 
fied, Henry Duffin and W. W. Talbert, the within named bar- 
gainors, with whom I am personally acquainted, and who ac- 
knowledged that they executed the within instrument for the 
purposes therein contained. 

Witness my hand and notarial seal at Port Arthur, Jefferson 
County, State of Texas, this 20th day of November, A.D. 1902. 
(Seal.) JOE WILLIAMS, Notary Public. 

My commission expires May 31, 1904. 


Approved: 
J. J. WILLIAMS, 


B. R. HENDERSON, 


Fire and Police Commissioners. 


ARTICLE 105. 
CITY OF MEMPHIS AND SOUTHERN PAVING & coneraconion COMPANY. 
ASPHALT PAVING CONTRACT. 
THIS AGREEMENT, made this 20th day of November, 1902, 


by and between the Southern Paving & Construction Company, 


1058 


Preamble. 


CITY CONTRACTS. 


a corporation created and existing under the laws of the State 
of West Vireinia. party of the first part, and the City of Mem- 
phis, a municipal corporation, party of the second part; WIT- 
NESSETH, that, 


Whereas, on July 29th, 1902, the City of Memphis advertised, 
inviting proposals for laying asphalt pavements, within the lim- 
its of said city, a full and true copy of which advertisement is 
hereto attached and made a part hereof, and marked “Exhibit 


A;” and, 


Whereas, in accordance with said advertisement, the first party 
auly filed its written bids offering to lay such asphalt pavements, 
one of said bids providing for a five years’ eunteaen upon such 
work and the other providing for a ten years’ guaranty upon 
such work, the latter bid, namely, the one for a ten-year guar- 
anty, is hereto attached and made a part of this contract, and 


marked “Exhibit B;” and, 


Whereas, the Legislative Council of the City of Memphis de- 
termined to require a ten years’ guarantee of the work to be done, 
upon the full. consideration of the bids filed, it was voted and 
determined to award to the first party the contract for doing 


one-third (1-3) of the total amount of the work advertised for 


as aforesaid; and, 


Asphalt work. 


Whereas, in the advertisement aforesaid, certain specifications 
and requirements were referred to which should be the basis 
upon which such bids were made and the work should be done, 
said specifications are hereto attached and made a part hereof 


and marked “Exhibit C;” 


Now, therefore, in consideration of the premises, and of the 
payments and covenants hereinafter mentioned to be made and 
performed by the second party, the first party hereby covenants 
and agrees to perform for the second party the following work, 


namely: To lay pavements of sheet asphalt over one-third (1-3) 


CITY CONTRACTS. 


of the total surface of the parts of the streets mentioned and 
set forth in the thirteenth clause of the general specifications 
herein mentioned, said one-third of the area of said streets to 
be designated by the Fire and Police Commissioners of the City 
of Memphis, the second party reserving the right to assign or 
designate all or any fractional portion of the streets of said city 
as set forth in said thirteenth clause of said specifications, the 
total area, however, to aggregate one-third of the whole area 
named in said thirteenth clause. The said party of the first part 
further covenants and agrees, for the consideration hereinafter 
stated, to furnish all the work required to be done and all 
material necessary, in strict accordance with the terms of the 
advertisement, specifications and bid above mentioned, and made 


Exhibits A, B and C to this contract, and made a part hereof. 


And the first party further covenants and agrees to commence 
the work embraced in this agreement or contract on or before 
the first day of December, 1902, and to prosecute the same in 
such manner and with such force of men and teams as will 
insure and effect the full and entire completion of all of the 


work on or before the Ist day of July, 1903. 


For and in consideration of the faithful performance of all 
the stipulations and conditions of the foregoing agreement by 
the party of the first part, the party of the second part 
covenants and agrees to pay to the party of the first part, in 
accordance with its bid, the following compensation, to-wit: The 
sum of one dollar and forty-eight cents ($1.48) per square yard 


of street surface paved with said sheet asphalt, as aforesaid. 


It is, however, expressly understood and agreed that the prices 
herein stipulated for are to be paid on the basis of final and 
accurate measurement of the work embraced in this agreement. 
It is further understood and agreed that the specifications of the 
work and material embraced in this contract at the date of its 


execution, as shown by plans and specifications, may be changed 


1059 


1060 


CITY CONTRACTS. 


by consent of both parties hereto, and that no subsequent diminu- 
tion or increase in the amount of work that may arise, either 
from error in the original estimate, or from any changes which 
the City Engineer and the Board of Fire and Police Commis- 
sioners may make in the plan of the work, shall entitle the first 
party to any allowance whatever beyond a final measurement of 
the actual work done in accordance with the specifications from 
notes and measurements of and by the City Engineer, to be made 


after the final completion of the work. 


It is further agreed and stipulated by and between the parties 
that, should the city desire to lay asphalt upon a greater number 
of blocks of any street named in the specifications above referred 
to, in addition to the blocks named and indicated in said speci- 
fications, the party of the first part will, at the request of 
the city, lay asphalt upon such additional blocks, not, 
however, to exceed five (5) additional blocks upon any one 
street, and all of the terms of this contract, together with the 
guaranty and bond hereinafter referred to, shall cover such addi- 
tional blocks as fully as if the same had been described and set 


forth in the original specifications. 


Nor shall such change or changes affect the liability of the 
bond to be given by the first party for the faithful. performance 
of this contract. On or about the first day of every month, during 
the progress of the work, an estimate shall be made of the 
approximate value of the work done, to be judged by the City 
Engineer, and, upon his certificate of the amount, approved by 
the Mayor and the Fire and Police Commissioners, eighty-five 
per cent. (85%) of the amount of said estimate shall be paid 
to the party of the first part, provided the amount due under 
said estimate to the first party shall be more than one thou- 
sand dollars, and when each street embraced in this contract is 
completed agreeably to the specifications, advertisement and bid 


aforesaid, and in accordance with the directions and to the 


CITY CONTRACTS. 


satisfaction and acceptance of the City Engineer, there shall 
be a final estimate made of the quality, character and value of 
said work agreeably to the terms of this contract, when the bal- 
ance appearing due to the first party shall be paid to such first 
party. 


And it is further understood and agreed that the work em- 
braced in this contract shall be commenced, as aforesaid, on or 
before the 1st day of December, 1902, and prosecuted with such 
force and material as the City Engineer may deem adequate 
to its completion within the time above specified, and if, at 
any time, the first party shall refuse or neglect to prosecute the 
work, as above provided, then, and in that case, the City Engi- 
neer, with the approval of the Board of Fire and Police Commis- 
sioners, may employ such number of workmen, laborers and over- 
seers, and purchase such material as may, in his opinion, be 
necessary to insure and effect the eampletion of the work within 
the time hereinbefore limited, at such wages and prices as he 
may find it necessary to give, pay all persons and for all ma- 
terial so employed and bought, and charge the amount so paid 
to the first party, as so much money to said first party on this 


contract. 


Or the City Engineer may, with the approval of the Legislative 
Council, and at their option, for failure to prosecute the work 
with adequate force and material, or for any other omission 
or neglect of the requirements of this agreement on the part 
of the party of the first part, declare this contract forfeited, 
which declaration of forfeiture shall exonerate the second party 
from any and all obligations arising under this contract, the 
same as though this agreement had never been made, and any 
amount or amounts reserved upon any work done by the first 
party under this contract may be retained forever by the second 
party, whether the default shall have occurred in respect to that 


particular part of the work or not. 


1061 


1062 


CITY CONTRACTS. 


It is also further understood and agreed that, in case the 
party of the first part fail or refuse to complete the work under- 
taken under this contract, within the time herein designated 
for the completion of the same, for every day beyond such day 
of completion fixed herein, that he so fail he shall pay the 
party of the second part, as liquidated damages, the sum of fifty 
dollars per day, which the first party agrees shall be deducted 
from the amount agreed herein to be paid to him by the party 


of the second part. 


It is also distinctly understood and agreed by and between 
the parties hereto that this contract is entered into subject to 
the right of the Mayor, Board of. Fire and Police Commissioners 
and the City Engineer, to suspend such work for any failure on 
the part of the party of the first part, and that such suspension 
shall not affect the right of the City of Memphis to any damages 


or penalties incident to such failure. 


And it is mutually agreed and understood that the decision 
of the City Engineer and Board of Fire and Police Commissioners 
shall be final and conclusive in any disputes which may arise 
between the parties to this agreement relative to or touching 
the same, as to any questions that may arise regarding the char- 
acter and quality of material and work, the estimates for monthly 
payments and measurements for final payments, and as to any 
other matters or questions arising hereunder that should and 


ought to be determined by an engineer. 


The foundation to be made of gravel, as provided in the speci- 
fications and furnished by the party of the second part, shall 
be laid subject to the approval of the party of the first part. 
When the first party lays asphalt upon a gravel foundation fur- 
nished by the second party, it shall be conclusive upon the first 
party that such gravel foundation is good, suitable and suffi- 


cient. 


CITY CONTRACTS. 


1063 


The party of the first part is to give bond, with sureties to Maintenance. 


be accepted by the Fire and Police Commissioners, in the pen- 
alty of ten thousand ($10,000.00) dollars, conditioned for the 
full and faithful performance on its part of all the terms and 
provisions of this contract, and this contract shall not take effect 
until said bond shall be given and accepted. Said bond shall 
contain the express provision obligating the principal and sure- 
ties upon said bond to maintain and keep in good order and 
perfect condition during the period of ten years, beginning with 
the completion of said work, all of the work under this con- 
tract, and such maintenance shall be done promptly and in strict 
accordance with the requirements of the specifications above set 
forth. 


It is further agreed that the party of the second part shall 
not permit any part or portion of any street upon which asphalt 
is laid by the party of the first part to be cut into or disturbed 
by any person, firm or corporation, unless such person, firm or 
corporation shall have made a written contract with the party 
of the first part to repair the foundation and relay the asphalt, 
so as to preserve the condition of the street, provided the price 
charged by the first party for such work be reasonable, and, 
in case of a disagreement, the City Engineer shall determine 
what is a reasonable price for such work. 


Executed in duplicate 20th day of November, 1902. 


(Signed. ) 
SOUTHERN PAVING & CONSTRUCTION CoO., 


By W. M. LASLEY, Vice-President. 
Attest: E. W. ARNOLD. 
J. J. WILLIAMS, 
B. R. HENDERSON, 
JOHN ARMISTEAD, 
Board of Fire and Police Commissioners. 
WM. LACROIX, 
D. GENSBURGER, 
A. B. CARRUTHERS, 
BH. C. GREEN, 
BE. B. LEMASTER, 
ED. F. GRACE, 
meg e acy ESS Ay 
Board of Public Works. 


1064 


CITY CONTRACTS. 


CHATTANOOGA, TENN., Aug. 29th, 1902. 


Board of Fire and Police Commissioners, City of Memphis, Tenn.: 


GENTLEMEN—In accordance with your advertisement, dated 
July 29th, for proposals for laying asphalt pavements, we hereby 
offer to lay a pavement of Bermudez Lake asphalt, with a total 


thickness of three (3) inches, composed of: 


Bindercsw ote ete ens eee ee eee 1% inches. 
Asphalt SUuriace 5 vi, oe ts. spe sue eeaenerae 144 inches. 
TOA as Ol See See eae ea eae 3 inches 


Character of Asphalt—AlIl asphalt used in this pavement will 
be dug or taken directly from the Bermudez Asphalt Lake, in 


the Republic of Venezuela, South America. 


Binder—A binder course will be laid directly upon a prepared 
finished foundation, laid by the City of Memphis, ready to re- 


ceive same, and will comply with the specifications. 


Wearing Surface—The wearing surface will be composed of— 


Asphaltic COMMON Ue rite voces eisai ke from 10 to 14% 
Pulverized carbonate of lime....from 6 to 13% 
ROTEN (6 ia anh GAs eile REEL Ee aC Ace from 75 to 84% 


or in such proportions as may be directed that will produce an 


approved mixture for this work. 


The pavement to be laid, as above specified, for the sum of 


one dollar and forty-eight cents ($1.48) per square yard. 


The pavement will be laid under proper official inspection, 
and according to specifications. It will be guaranteed by satis- 
factory bond for maintenance for ten years (10) from the date 
when it is opened to traffic, and during said period all defects 
in the pavement, due to its proper use as a roadway, will be re- 
paired and made good without additional expense. 

Respectfully submitted, 
SOUTHERN PAVING & CONSTRUCTION CO., 
By W. M. LASLEY, Vice-President. 


CITY CONTRACTS. | 


STATE OF TENNESSEE, 


COUNTY OF SHELBY. 


We, the Southern Paving & Construction Company, as prin- 
cipals, and National Surety Company, of New York, N. Y., as 
surety, hereby acknowledge ourselves indebted to the City of 
Memphis, in the State and county aforesaid, in the sum of ten 
thousand ($10,000.00) dollars, well and truly to be paid by our- 


selves, our successors, heirs and personal representatives. 


But this is a penal obligation, the condition of which is that 
the said Southern Paving & Construction Company has on this 
the 20th day of November, 1902, entered into a contract with 
the City of Memphis for laying and maintaining certain asphalt 
pavements within said city, which said contract, and the ad- 
vertisement, specifications and bid are referred to as being hereto 
attached, and all of said contract, advertisement, specifications 
and bid are made a part of this bond, as if the same were set 
forth in full herein, the said National Surety Company, of New 
York, N. Y., surety, acknowledging its complete knowledge of 
the contents of said contract, and the papers and exhibits thereto, 


and accepting the terms and provisions thereof. 


Now, should the said Southern Paving & Construction Company 
well, fully and truly perform all the terms and provisions of 
the said contract on its part, then this obligation shall be null 
and void, otherwise it shall remain in full force and effect. 

Witness our hands, this the 20th day of November, 1902. 
(signed.) 

SOUTHERN PAVING & CONSTRUCTION CO., 
By W. M. LASLEY, Vice-President. 
Attest: E. W. ARNOLD. 
NATIONAL SURETY CO., OF NEW YORK, 
By C. S. RIPLEY, Resident Vice-President. 
Attest: GEO. E. McGER, Resident Assistant Secretary. 


1065 


1066 


Ten years’ 
lease with 
renewal 
privileges. 


Rental 


Lessee may 
remove im- 
provements, 


CITY CONTRACTS. 


ARTICLE 106. 
THE F. W. COOK BREWING COMPANY. 

This agreement and lease, made and entered into this the 16th 
day of January, A.D. 1904, by and between the City of Memphis 
(hereinafter called the lessor), and the F. W. Cook Brewing Com- 
pany, a corporation of the State of Indiana, domiciled at Evans- 


ville, Ind. (hereinafter called the lessee), witnesseth: 


The lessor does, by these presents, demise and lease to the 
lessee, its successors and assigns, for a term of ten (10) years, 
from February 1, 1904, with the privilege of renewing same for 
an additional ten years (subject to the provisions hereinafter 
made as to such renewal), certain real estate lying in the City 
of Memphis, Shelby County, Tennessee, more particularly de- 


scribed as follows: 


A lot lying at the northeast corner of Tennessee and Talbot 
streets, same having a frontage of one hundred and fifty (150) 
feet, more or less, on the east side of Tennessee street, and run- 
ning back eastwardly between parallel lines (the south line 
thereof being the north line of Talbot street) one hundred (100) 


feet, more or less, to a fence. 


The lessee agrees to pay the lessor, as rental for said premises, 
one thousand dollars ($1,000) per year, payable quarterly (that 
is, every three months) in advance, during the first ten years. 
In the event this lease is renewed for the second ten years, the 
lessee is to pay the lessor twelve hundred dollars ($1,200) per 


year, payable quarterly in advance. 


The lessee contemplates erecting on said premises various im- 
provements in the way of buildings, etc., and the lessor agrees 
that,, upon the expiration of this lease, or of any renewal of 
same, in the event there is any renewal, the lessee may remove 
from said premises all improvements placed or erected thereon by 


it, the lessee. 


CITY CONTRACTS. 


The privilege of renewal for ten years above provided for is 
subject to the condition and proviso that, at the end of the first 
ten years, the lessor shall not, in the sound discretion of its 
Board of Water Commissioners, or their successors, need the 
said premises for use, immediate or prospective, in the lessor’s 
Water Department. But, in the event the lessor shall be unwill- 
ing to renew this lease because of needing said premises for use, 
immediate or prospective, in its said Water Department, it shall 
give the lessee notice of its intention not to renew the lease 
at least ninety days prior to the expiration of said first ten 


years. 


In the event the lessor, in the sound discretion of its said 
Board of Water Commissioners, or their successors, shall deem 
said property to be needed by it in its Water Department, not for 
immediate, but for prospective use therein, then the lessee shall 
have the right to remain upon said premises until such time, not 
exceeding ten years, as the premises are, in the discretion of said 
Commissioners, or their successors, actually needed by, the lessor 
for said department. And, in such case, the lessee shall be given 


ninety days’ notice that the premises are so needed. 


The lessee agrees to turn over said premises to the lessor at 
the expiration of its tenancy in as good condition as the same 
now are, ordinary wear and tear and damage by weather ex- 


cepted. 


The lessor covenants with the lessee, its successors and as- 
signs, that the lessee shall have possession of said premises 
on February 1, 1904, and shall have peacable and quiet enjoy- 
ment of the same during the period of this lease, or any renewal 


thereof. bag neo 


+ 


1067 


Conditions 
of renewal 
of lease. 


1068 


Lease to 
Dan Shea. 


Description 
of property. 


CITY CONTRACTS. 


Witness the following signatures of the parties or their rep- 
resentatives this January 16, 1904. 
J. J. WILLIAMS, 
B. R. HENDERSON, 
Members of Board of Fire and Police Commissioners. 
WM. LACROIX, 
A. B. CARRUTHERS, 
ED. F. GRACE, 
E. B. LEMASTER, 
D. GENSBURGER, 
EK. C. GREEN, 
ls Pa eae] Bt iad WE 
Members of Board of Public Works. 
Approved: 
W. H. BATES, 
JAS. S. DAVANT, 
Board of Water Commissioners. 
THE F. W. COOK BREWING CO., 
By A. B. SCHMIDT, General Agent. 


ARTICLE 107. 
DAN SHEA (BOILER WORKS. ) 
This contract of lease, made in duplicate, by and between the 
City of Memphis, Shelby County, Tennessee, of the first part, 


and Dan Shea, of said city, of the second part, witnesseth: 


That the said party of the first part, for and in consideration 
of the sums hereafter stipulated to be paid, has remised and 
let, and does hereby remise and let and lease to the party of the 
second part (said Dan Shea), the ground lying in said City of 
Memphis, and in the County of Shelby, and State of Tennessee, 


thus specifically described by metes and bounds, to-wit: 


Commencing at a point on the northwest corner of Front and 
Washington streets, thence running northwest along the west 


line of a paved roadway two hundred and twenty feet to a stake; 


CITY CONTRACTS. 


thence running southwest, and at a right angle to said roadway, 
fifty feet to a stake; thence running southeast two hundred and 
twenty feet along the east line of the right of way of the Mem- 
phis & Charleston (Southern) Railroad Company’s track to the 
point of commencement. Such lease to be for the period of ten 
years commencing on the first day of December, 1905, which is the 
date of expiration of the contract of lease made between the par- 
ties to this lease on December ist, 1898, to be fully completed 
and ended on the first day of December, 1915. But the said 
premises are let for the purpose, and are to be used only for the 
purpose, of erecting suitable buildings and appurtenances thereto, 
and for the further purpose of erecting thereon all necessary 
machinery for the building and construction of boilers, plate 
work of every description, and the doing of general repairs and 
foundry work. As compensation to the party of the first part 
for the lease of its premises and its use by the party of the sec- 
and part, said second party hereby agrees to pay the party of the 
first part two hundred and forty dollars ($240.00) per annum, 
payable in monthly installments of twenty dollars ($20.00), on 
the first day of each and every month during the continuance 
of this lease and contract, payment to begin on the first day of 
December, 1905. 


The parties hereto mutually agree that the party of the second 
part acquires and accepts just such title, rights and privileges 
to the leased premises as the party of the first part has the 
right and power under its charter to grant by the lease, and 
none other, and the party of the first part is not to be liable 
or responsible in any way for any sum whatever for or on 
account of, or in consequence of, a want or deficit of power 
or authority.in said first party to make this lease, but said 
second party assumes the risk of such want or deficit of power 
in said first party, and the said second party agrees to defend, 
on his own account and at his own expense, any and all suits 


tnat may be brought to set aside this lease, wholly or in part, 


1069 


Term of lease. 


Rent. 


Conditions. 


1070 


Forfeiture. 


CITY CONTRACTS. 


and agrees to hold the first party harmless from and against 
all damages and losses to accrue to him, not only by reason of 
said suit and the judgment or decree that may be pronounced 
in them, which said second party hereby assumes and agrees 
to bear and pay as between him and the said first party, but 
also said second party agrees to defend and be liable in like 
manner for all suits and damages which may be brought or 
accrue from injury to others, through his agency or the agency 
of his employes, during the continuance of this contract, where 
damages are claimed or suits brought on account thereof against 
the said first party. At the end of this contract said second party 
shall have the right. to remove the improvements put on the 
premises hereby demised, and the same are to belong to him, his 
heirs or assigns, provided all the terms and conditions hereof 
have been complied with on his part, but said improvements 
are to stand as a security for the faithful performance of his 
contract on the part of the party of the second part. A failure 
on the part of said second party to pay the monthly installments 
of rent when due, or to omen with any of the stipulations 
of this contract, shall, ipso facto, work a forfeiture of this con- 
tract at the option of the City of Memphis, the party of the first 


part, or its successors. 


Witness the hands and seals of the parties this 9th day of 
October, 1902. DAN SHEA. — 
J. J. WILLIAMS, 
B. R. HENDERSON, 
JOHN ARMISTEAD, 
Fire and Police Commissioners. 


ED. F. GRACE, 
W. D. MOON, 
D. GENSBURGER, 
BH. C. GREEN, 
A. B. CARRUTHERS, 
WM. LACROIX, 
E. B. LEMASTER, 
Board of Public Works. 


CITY CONTRACTS. 


ARTICLE 108. 
HARRY STRONG AND R. JONES. 
The City of Memphis, Tennessee, by its Mayor, J. J. Williams, 
and Secretary, W. B. Armour, of the first part, and Harry Strong 
and R. Jones, of the second part, do hereby enter into the fol- 


lowing contract: 


The said first party, authority being first obtained by the City 
Council, do by these presents lease to the said second party, from 
the 15th of November, 1904, until the 15th of November, 1919, 
the following property belonging to the City of Memphis, and 


described as follows: 


The south half of Lot 44, Block 67 of Country Lot 484, situated 
at the northeast corner of Hernando and Gayoso streets, in the 
City of Memphis; said lot fronting twenty-two (22) feet, more 
or less, on the east side of Hernando street, and running back 
between parallel lines sixty-one (61) feet, more or less, along 


the north side of Gayoso street. 


The said first party covenants that it will keep and secure the 
said second party, or their representatives or assigns, in peaceful 
use, enjoyment and possession of said premises during the term 
of this lease, unless default of payment of rent or other condi- 
tions under this contract be made; and to indemnify the party 
of the second part, their heirs or assigns, for any damages or 
loss incurred in the event said second party or assigns are de- 
prived of the possession of said premises at any time during the 
life of this lease. The said second party, for and in considera- 
tion of the use and possession of said premises, agree to pay 
to the said party of the first part, or its assigns, the sum of 
two hundred ($200.00) dollars per annum, payable quarterly 
in advance; said payments to be evidenced by sixty (60) prom- 
issory notes of fifty ($50) dollars each, of even date herewith. 
And, for further consideration, the parties of the second part 


agree and bind themselves to arch the bayou running through 


1071 


Property 
leased. 


Rent. 


Improvements. 


1072 


CITY CONTRACTS. 


Insurance. 


Default in 
payment of 
rent. 


Not to alter 
building. 


said property over with brick or concrete, under the directions 
of the City Engineer, and also to build a two-story brick house, 
twenty-two (22) by sixty (60) feet thereon, costing not less 
than forty-five hundred ($4,500) dollars, in accordance with the 
city building ordinance, said building to be kept in good con- 
dition, less ordinary wear and tear, and, at the expiration of this 
lease, to be turned over to the party of the first part, as its prop- 
erty, unencumbered; and, in consideration of the premises, as 
aforesaid, the City of Memphis agrees to waive its right to tax, 
and does hereby covenant to exempt the said improvements from 


city taxes during the term of this lease. 


The party of the second part agrees to insure said premises 
during the term of this lease for a sum not less than four thou- 
sand ($4,000) dollars, and, in the event of loss by fire, to rebuild 


said improvements. 


It is further agreed that if the party of the second part, or 
their representatives or assigns, should fail to pay any two of 
the consecutive payments, then, in that event, this lease shall 
become void and of no effect, and the party of the first part shall 
be entitled to immediate possession of the premises, without legal 


process, and said improvements shall then be the property of 


the party of the first part. 


It is further agreed and fully understood that the party of 
the second part shall make no alteration of the building afore- 
said, without first obtaining the written consent of the party of 
the first part; and the party of the second part covenants to make 
such repairs upon said building from time to time as may be 


necessary to the security or preservation of said building. 


In testimony whereof the said parties of the second part here- 


unto set their hands, and the party of the first part, by its 


CITY CONTRACTS. 


Mayor and Secretary, duly authorized, hereunto set their hands 
and official seal this 28th day of November, 1904. 
CITY OF MEMPHIS, 
By J. J. WILLIAMS, Mayor. 
W. B. ARMOUR, City Secretary. 
HARRY STRONG. 
R. JONES. 


STATE OF TENNESSEE, 
CouNTY OF SHELBY. 


Before me, C. D. Moore, a Notary. Public, in and for the State 
and county aforesaid, personally appeared J. J. Williams and 
W. B. Armour, with whom I am personally acquainted, and who, 
upon oath, acknowledged themselves to be the Mayor and Sec- 
retary, respectively, of the City of Memphis, the within named 
bargainors, a municipal corporation, and that they, as such 
Mayor and Secretary respectively, being authorized so to do, 
executed the foregoing instrument for the purposes therein con- 
tained, by signing the name of the corporation by themselves 


as Mayor and Secretary respectively. 


Witness my hand and seal at office, in Memphis, Tennessee, this 
30th day of November, 1904. 


(Seal.) C. D. MOORE, Notary Public. 


STATE OF TENNESSEE, 
SHELBY COUNTY. 


Personally appeared before me, C. D. Moore, a Notary Public 
in and for the State and county aforesaid, duly commissioned 
and qualified, R. Jones and Harry Strong, the within named 


bargainors, with whom I am personally acquainted, and who 


acknowledged that they executed the within instrument for the . 


purposes therein contained. 


Witness my hand and notarial seal at Memphis, aforesaid, this 
30th day of November, 1904. 


(Seal.) C. D. MOORE, Notary Public. 


1074 


CITY CONTRACTS. 


LEASE—REED & DUECKER. 
The City of Memphis, of the first party, and Reed & Duecker, 
firm composed of Clyde C. Reed and Wm. Duecker, of the second 


party, herein enter into the following contract, viz.: 


The said first party, by these presents, leases to said second 
party, from the 12th day of March, 1908, until the 12th day ot 
March, 1911, the following property situated in Memphis, Shelby 
County, Tennessee, and described as follows, being the second 
and third floors, 51x104 feet each, running from No. 218 and 
No. 220 North Front street to Center alley, known as the old 
Exchange building. The city leases such interest as it has in 


said building, but does not guarantee its title. 


The said second party, for and in consideration of the use of 
said premises, agrees to pay to said first party, or its assigns, 
the sum of ten dollars per month, payable monthly in advance, — 
of thirty-five installments, for which thirty-five promissory notes, 


of even date hereof, have been executed, dated April Ist. 


And the second party agrees to deliver up to said first party, 
or their assigns, the said premises at the expiration of this lease, 
in good order and condition, and to pay for all damages to said 
premises, ‘except the usual wear and tear of the same, or destruc- 
tion by storm or fire, and also to remain liable for rent until all 
the premises, with the keys of the same, cleared of all persons, 
goods or things not belonging to the same, be tendered or deliv- 
ered to said first party, its heirs or assigns, in like good order, 
and no demand or notice of such delivery shall be necessary. 
The second party agrees that they will not underlet the whole 
or any part of said premises, without the written consent of said 
first party, or its assigns. It is further agreed that, in default 
of either one or more of said: payments, or any part thereof, at 
maturity, or in case of underletting without authority, this lease 
may be declared forfeited by said first party, at its option, in 


which case the second party shall be liable for all rents until the 


CITY CONTRACTS. 


possession be delivered, and for all damages done to the prem- 
ises; and the first party shall have the right to re-enter, take and 
retain possession of said premises, without being required to 
make demand of the same, or demand the payment of rents due, 
or to give notice of the non-payment of the rent; and the first 
party shall not become a trespasser by taking possession as afore- 
said. No set off in payment of said rent shall be allowed, unless 
signed by the first party, its agents or assigns, and the said notes 
shall be full and complete evidence of the rent due and owing, 
and, when no notes are given, the proof of the payment of rent 
shall be on the second party in all controversies. It is agreed 
that said premises are in good order and condition at the date 
of these presents. In case of default of the second party, so as to 
forfeit their lease, in their absence from this city, service of 
process upon any white adult occupying or in possession of the 


premises shall be good and valid service upon the second party. 


It is further agreed that the second party will allow nothing 
obnoxious to exist on said premises, and will, when required by 
the proper authorities, abate all such offensiveness at their own 
expense, and will suffer, nothing on said premises that will in- 
validate any policy of insurance the first party may now have, 
or hereafter have, upon said premises, unless the consent in writ- 
ing from the first party be first obtained. Reed & Duecker agree 
to repair the roof of said building, which will cost about five 
hundred dollars, more or less, and to keep said roof in good 


repair. 


It is further agreed that no alteration or repairs shall be done 
to any part of said premises by said second party, without the 
first party’s consent, in writing, under the penalty of double the 
cost necessary to put the premises in the condition they were 
when leased to Reed & Duecker, and the second party shall not, 
at any time, remove any repairs, improvements, addition or 


fixtures put on said premises by them, but the first party shall 


1075 


1076 


CITY CONTRACTS. 


have and hold all of the same at the end of said lease. Said 
first party reserves the right to make such repairs, at any time, 


as are necessary to the security or preservation of said premises. 
Executed in duplicate. 


In testimony whereof, the said parties have hereunto set their 
hands and seals this 14th day of March, 1908. 


CITY OF MEMPHIS, 
By JAMES H. MALONE, Mayor. 


REED & DUECKER, 
By C. C. REED. 


STEINBERG & COMPANY CONTRACT. 

This agreement, made and entered into on this the 28th day 
ot May, 1909, by and between the City of Memphis, party of the 
first part, and S. Steinberg & Company, party of the second part, 


~vitnesseth: 


That, whereas, on the 6th day of May, 1909, the City of Mem- 
phis passed a resolution giving and granting unto the party of 
the second part the exclusive right to act as scavenger of the 
City of Memphis, and to reduce in an absolutely sanitary manner 
the carcasses of all dead animals within the city limits, and 


also to reduce all swill and garbage in hotels and restaurants. © 


Now, therefore, in consideration of the premises, and the fur- 
ther consideration that the City of Memphis gives to the party 
of the second part the exclusive right for the period of five (5) 
years to act as City Scavenger, the party of the second part 
agrees to locate its plant or plants used for reduction purposes 
in a place or places approved in writing by the President and 
Secretary of the Board of Health. The machinery, mode of re- 
duction and details of reduction shall be approved by the Presi- 
dent and Secretary of the Board of Health. All wagons and 
other vehicles to be used by the party of the second part are 
to be approved by the President and Secretary of the Board of 
Health. 


CITY CONTRACTS. 


The location of all machinery, mode and detail of reduction, 
vehicles and all other details pertaining to said reduction shall 
be approved in writing by the Board of Health, before any steps 
are taken for the building of said reduction plant. The con- 
duct of the plant shall, at all times, and under all circumstances, 
be under the approval of the Board of Health, so far as sanita- 
tion and operation is concerned. The said party of the second 
part agrees to erect an improved and up-to-date plant, to be 
approved by the President and Secretary of the Board of Health. 


The party of the first part agrees to give the party of the 
second part the exclusive right to act as City Scavenger, for the 
term of five years. And the party of the second part shall 
have the power and right to haul to said plant, and reduce 
in a manner satisfactory to the Board of Health, such kitchen 
and restaurant swill and garbage as they shall see fit to use. 


It is further understood and agreed by and between the parties 
to this contract that the same is made under and by virtue of 
the resolution passed by the City of Memphis, on the date above 
mentioned, and is to be governed and controlled by said reso- 
lution. 


It is further understood and agreed that the City of Mem- 
rhis is given, by the terms of this contract, the utmost protec- 
tion, insofar as sanitation and the safe conduct of this business 
shall be concerned. 


It is further understood and agreed that if either party hereto 
shall fail or refuse to carry out this contract in any particular, 
the party not at fault shall have the right to rescind the same. 


In testimony of all of which the City of Memphis hereunto 
affixes its seal, signed by the Mayor and attested by the City 
Register on the day and date above written. And the said 
S. Steinberg & Company also sign and seal the same. 


(Signed. ) 
CITY OF MEMPHIS, 
By JAMES H. MALONE, Mayor. 


S. STEINBERG & COMPANY, 
By S. STEINBERG. 


Attest: ENNIS M. DOUGLASS, City Register. 
J. L. ANDREWS, President Board of Health. 


1077 


1078 CITY CONTRACTS. 


ARTICLE 109. 


MEMORANDA OF VARIOUS INDUSTRIAL (SPUR OR SIDE) RAILROAD TRACKS 
THE RIGHT OF BUILDING AND OPERATING BEING GRANTED ON 
PETITION OF THE SEVERAL RAILROADS AND INDUSTRIES, 

BY GRANTING PRAYER OF PETITION, AND NOT 
BY ORDINANCE. 


Louisville & Petition of Louisville & Nashville Railroad to construct and 
Railroad, extend three tracks from the west and across High street, to 
High street. connect with the two tracks on the east side of High street, 
granted, provided the company place the frog for these connect- 
ing tracks east of and clear of High street.. (Minute Book F, 


page 97; September 11, 1902.) 


———___ 


sk Petition of Gayoso Oil Works asking that the Union Belt Line 
e ine. 


Gasoas tracks be moved four feet east at their building (the east rail not 


een to exceed twenty-six and one-half feet from west line of Front 


street), granted. (Minute Book F, page 106; October 9, 1902.) 


N., C. & St. Petition of Nashville, Chattanooga & St. Louis Railway Com- 
L. Railway. ¢ 
pany for permission to cross Georgia street with additional 


Georgia 
BueOls tracks, as shown on blue print, in order to reach lot between 
Webster and Georgia streets, referred to the Railroad Committee 


with power to act. (Minute Book F, page 110; October 9, 1902.) 


eR: Gas Petition of Equitable Gas Company to build a spur track to 
ompany. 


LORR. connect with the Illinois Central Railroad’s sidetrack in the rear 


of the then Williams & Co.’s mill, granted during the will and 
pleasure of the Council, and the Gas Company required to keep 
crossing over Front street in good condition, etc. (Minute Book 
F, page 116; November 6, 1902.) 


CITY CONTRACTS. 


1079 


Petition of the Memphis Paving & Tile Company to run a switch 
track into their yard on northwest corner Broadway and Rag- 
land avenue, granted under certain conditions. (Minute Book 


F, page 210; May 29, 1903.) 


Petition of Galloway Coal Company for permission to take 
up track at northwest corner of lot on Main street, north of 
Auction street, and to replace same about forty feet south of 
its present crossing, granted under certain conditions. (Minute 


Book F, page 220; June 22, 1903.) 


—————— 


Petition Union Railway Company to close Brinkley street from 
where the same is intersected by its tracks west of Front street 
to the property of the Illinois Central Railroad, granted for a 
period of ten years, and contract ordered drawn. (Minute Book 


F, page 235; August 6, 1903.) 


Petition of Nashville, Chattanooga & St. Louis Railway Com- 
pany for permission to construct spur track on Michigan avenue, 
granted subject to the will and pleasure of the Council. 


Book F, page 377; October 6, 1904.) 


(Minute 


Petition of St. Louis & San Francisco Railway Company for 
permission to move the head block of the switch now in Ten- 
nessee street, at north line of Pontotoc street, to a point further 
south on the south line of Pontotoc street, and to connect this 
switch with the tracks on the west side of Tennessee street, in 
front of the Valley Oil Mills, granted subject to the will and the 
pleasure of the Council. 
10, 1904.) 


(Minute Book F, page 384; November 


Petition of the Iron Mountain Railroad for permission to con- 
tinue its track now running in front of the DeSoto Oil Mill, 


in front of the Southern Biscuit Works (being on the west side 


Memphis Pav- 
ing & Tile 
Company. 


Ne One & 
Stow lies ky. 


Galloway Coal 
Company. 


ion Ge NY Ry. 


Union Rail- 
way Company. 


Brinkley 
street. 


ING Canc 
St. L. Ry. 


Michigan 
avenue. 


St. Louis & 
San Francisco 
Railway Co. 


Tennessee 
street. 


Tron Moun- 
tain Ry. 


Southern Bis- 
cuit Works. 


1080 


Moore Bros. 


Southern Ry. 


CITY CONTRACTS. 


of Kentucky avenue, near Gaines street), granted subject to will 
and pleasure of Council, etc. (Minute Book A, pages 62-63 and 
66-67, Upper Board; December 7, 1905. See ordinance.) 


Petition of Moore Bros. for sidetrack into their coal yards on 
west side of Dunlap street, said track to cross Dunlap street, 
beginning at east line of said street and diverging gradually 


northwardly from the tracks of the Southern Railway, granted 


. during will and pleasure of the Council. (Minute Book B, page 


240; March 4, 1909.) 


MEMORANDUM REFERENCES TO CONTRACTS CONTAINED IN THE 
WATKINS DIGEST OF 1902. 

Memphis Street Railway Company Contract No. 1 (ordinance). 
Contract made and entered into September 3, 1885, between the 
Taxing District of Shelby County, Tennessee, and the Citizens’ 
Street Railroad Company, granting said company the right to 
enter upon, use and occupy for street railway purposes, and until 
the expiration of the charter of said company, the streets, high- 
ways and public grounds of said Taxing District, routes set out. 


(See Watkins’ Digest, 1902, pages 533 to 540, inclusive.) 


Memphis City Railroad Company (contract). Contract made 
and entered into February 4, 1886, between the city and the 
Memphis City Railroad Company, granting said company the 
right to build and maintain street railway tracks upon certain 
streets, during the continuance of its charter, etc. (See Watkins’ 


Digest, 1902, pages 540 to 545, inclusive.) 


Memphis, Greenwood & Prospect Park Railroad and East End 
Railway Company (contract). Contract made May 5, 1887, be- 
tween the city and the Memphis, Greenwood & Prospect Park 


CITY CONTRACTS. 


1081 


Railroad, the right to use, enter upon and occupy for street rail- 
way purposes (to be operated by animal power, or steam dummy 
engines), certain streets set out, etc., for twenty-five years. (See 


Watkins’ Digest, 1902, pages 550 to 561, inclusive.) 


——_—____ 


Jackson Mound Park Railroad Company. Contract between 
city and the Jackson Mound Park Railroad Company, dated July 
19, 1888, granting franchise for twenty-five years to construct and 
cnerate street railways over routes set out and conditions im- 


posed. etc. (See Watkins’ Digest, 1902, pages 562 to 572, inclu- 
sive.) 


Memphis Electric Railway Company (contract). Contract 
made November 14, 1889, between the city and the Memphis Elec- 
tric Railway Company, for the purpose of constructing and oper- 
ating street railways, in and near said district (routes and con- 
ditions set out), term thirty years. (See Watkins’ Digest, 1902, 
pages 573 to 588, inclusive.) 


City & Suburban Railway Contract. Contract made October 30, 
1890, between the city and the City & Suburban Railway Com- 
rany, granting certain rights to operate street railway tracks 
over certain streets enumerated and under conditions specified. 
Term, twenty-five years from July, 1888. (See Watkins’ Digest, 
1902, pages 588 to 596, inclusive. ) 


City & Suburban Railway Company and Jackson Mound Park 
Railway Company. Contract made April 25, 1890, between the 
Jackson Mound Park Railroad Company, the City & Suburban 
Railway Company and the city. Sale of piece of property on 
south side of Union street, 280 feet east of intersection of Union 


and Second streets, to City & Suburban Railway Company and 


1082 


CITY CONTRACTS. 


franchises by Jackson Mound Park Railway Company. Term, 
twenty-five years. (See Watkins’ Digest, 1902, pages 597 to 605, 


inclusive. ) 


Citizens’ Street Railroad Company (contract). Contract made 
January 29, 1891, between the city and the Citizens’ Street Rail- 
road Company, granting said company certain rights to con- 
struct and maintain street railway tracks in the city. Expires 
May 23, 1916. (See Watkins’ Digest, 1902, pages 606 to 625, 


inclusive.) 


Raleigh Springs Railroad Company (contract). Contract made 
August 1, 1891, between the city and the Raleigh Springs Rail- 
road Company, granting said company certain rights to construct 
and maintain street railway tracks in the city, for a period of 
twenty-five years. (See Watkins’ Digest, 1902, pages 626 to 640, 


inclusive. ) 


——___ 


Illinois Central Railroad Company and Mississippi & Tennessee 
Railroad Company (contract). Contract made June 21, 1880, 
between the city and the Mississippi & Tennessee Railroad Com- 
pany, to construct and operate a branch track from present ter- 
minus of Mississippi & Tennessee Railroad, on Calhoun street, 
to connect with the tracks of the Memphis & Charleston, Memphis 
& Little Rock, Memphis, Paducah & Northern, and Louisville & 
Nashville Railroads, etc. Expires forty years from date. (See 
Watkins’ Digest, 1902, pages 640 to 649, inclusive.) 


Chesapeake, Ohio & Southwestern Railroad Company (con- 
tract). ontrace between city and Chesapeake, Ohio & South- 
western Railroad for modification of contract of April 26, 1881, 
with Memphis, Paducah & Northern Railroad, said Chesapeake, 
Ohio & Southwestern Railroad being successors, so as to permit 


\ 


CITY CONTRACTS. 


it to maintain a track on river front, etc. Made December 5, 
1881. Term, fifty-five years from April 26, 1881. (See Watkins’ 
Digest, 1902, pages 650 to 658, inclusive.) 


Chesapeake, Ohio & Southwestern Railroad Company. Contract 
between city and Chesapeake, Ohio & Southwestern Railroad, 
dated April 26, 1881, granting Memphis, Paducah & Northern 
Railroad Company a lease upon certain grounds within the city, 
and to maintain track over said premises, said Chesapeake, Ohio 
& Southwestern Railroad being successors to the Memphis, Pa- 
ducah & Northern Railroad. Term, fifty-five years from April 


26, 1831. (See Watkins’ Digest, 1902, pages 658 to 662, inclu- 
sive.) 

Memphis, Paducah & Northern Railroad Company. Contract 
between city and the Memphis, Paducah & Northern Railroad 
Company, made September 1, 1880, granting trackage rights on 
Fulton et al. streets, ete. Term expires in five years. (See Wat- 


kins’ Digest, 1902, pages 663 to 669, inclusive.) 


Memphis, Paducah & Northern Railroad Company. Contract 
made between the city and the Memphis, Paducah & Northern 
Railroad Company, dated April 26, 1881, leasing certain property 
on the river front east of Promenade street, and west of Front 
street for a term of fifty-five years, at an annual rental of $500.00. 


(See Watkins’ Digest, 1902, pages 670 to 678, inclusive.) 


Tennessee Southern Railroad Company. Contract between city 
and Tennessee Southern Railroad Company, made May 22, 1883, 
for trackage rights on Broadway, Tennessee street, river front, 
etc. Term, fifty-five years from date. (See Watkins’ Digest, 
1902, pages 679 to 693, inclusive.) 


1083 


1084 


CITY CONTRACTS. 


Newport News & Mississippi Valley Railroad (contract). Con- 
tract between city and the Newport News & Mississippi Valley 
Railroad Company, dated April 26, 1881, granting lease to said 
company for a term of twenty-five years, upon certain lots, with 
right to build depots, etc. (See Watkins’ Digest, 1902, pages 


693 to 7038, inclusive.) 


Newport News & Mississippi Valley Railroad (contract). Modi- 
fied contract between city and the Newport News & Mississippi 
Valley Railroad, to provide incline roadway on river front, ete. 
Resolution adopted August 14, 1890. (See Watkins’ Digest, 1902, 
pages 704 to 707, inclusive.) 


Illinois Central Railroad Company. Contract between city and 
the Illinois Central Railroad Company, dated March 20, 1893, 
to lay additional tracks on Georgia street, etc., for a period of 
fifteen years from March 1, 1893, at an annual rental of $500. 


(See Watkins’ Digest, 1902, pages 708 to 711, inclusive.) 


Louisville & Nashville Railroad Company (contract No. 1). 
Contract between city and the Louisville & Nashville Railroad 
Company, trackage rights into Auction Square, Fulton street, 
etc., for a period of twenty-five years. Contract dated October 1, 


1881. (See Watkins’ Digest, 1902, pages 712 to 716, inclusive. ) 


—S 


Louisville & Nashville Railroad Company (contract No. 2.) 
Contract made December 17, 1899, between the city and the 
Louisville & Nashville Railroad Company, granting trackage 
rights across Third street, north of Concord street, for a term 
of fifty years, conditioned to build freight house and do certain 
paving, etc. (See Watkins’ Digest, 1902, pages 717 to 721, in- 


clusive. ) 


CITY CONTRACTS. 


Choctaw & Memphis Railroad Company (contract No. 1); Mem- 
phis & Little Rock Railroad (contract). Contract between the 
city and the Memphis & Little Rock Railroad Company, agreeing 
to comply with all the terms and conditions of a lease to said 
company whereby certain portions of the wharf and of Center 
Landing were leased to said railroad, which lease is of record in 
the Register’s office, Shelby County, in Book No. 122, page 419, 
et seq. Lease to run for twenty-five years from September 9, 


1880. (See Watkins’ Digest, 1902, pages 722 to 728, inclusive.) 


Memphis & Little Rock Railroad Company (contract No. 2). 
Contract between the city and the Memphis & Little Rock Rail- 
road Company, dated May 5, 1898, granting additional trackage 
rights to terminate at will of Council, etc. (See Watkins’ Digest, 


1902, pages 729 to 731, inclusive.) 


Choctaw & Memphis Railroad Company (contract No. 3). Con- 
tract between city and the Choctaw & Memphis Railroad Com- 
pany, made August 30, 1899, being lease of property on river front 
between Washington and Poplar streets, and including what is 
known as Center Landing, etc., for a term of fifty years,.to be 
used as freight yards, etc., at an annual rental of $500. (See 


Watkins’ Digest, 1902, pages 731 to 740, inclusive.) 


Choctaw & Memphis Railroad Company (contract No. 4). Con- 
tract between city and the Choctaw & Memphis Railroad Com- 
pany, dated August 3, 1899, being lease for a Agu of fifty years 
of lots or parcels of land. Lot 1: Bounded on north by Southern 
Kailway tracks, from Washington street across Illinois Central 
Railroad, in Promenade street; on the east by Front street; 
south by Adams street; west by Illinois Central Railroad, in 


Promenade street, except that part of Washington street included 


1085 


1086 


CITY CONTRACTS. 


in these boundaries. Lot No. 2: Bounded on north by Adams 
street; south by Jefferson street; west by Illinois Central Rail- 
road in Promenade street. Semi-annual rental of $750, payable 
the first days of January and July each year. (See Watkins’ 
Digest, 1902, pages 740 to 746, inclusive.) 


— 


Choctaw, Oklahoma & Gulf Railroad Company (contract No. 5). - 
Contract between city and the Choctaw, Oklahoma & Gulf Rail- 
road Company, dated September 27, 1899. Assignment of lease | 
first above described dated August 3, 1899, to Choctaw & Mem- 
phis Railroad Company, under terms of lease. (See Watkins’ 


Digest, 1902, pages 747 to 749, inclusive.) 


Iron Mountain Railroad Company. Contract between city and 
the Iron Mountain Railroad Company, dated November 13, 1886, 
granting certain trackage rights upon Kentucky avenue, Calhoun 
street, Broadway, etc., to connect with the L., N: O. & T. R. R. 
tracks, on Tennessee street, etc., for a term of fifty-five years. 


(See Watkins’ Digest, 1902, pages 749 to 759, inclusive.) 


Iron Mountain Railroad (contract No. 2). Contract between 
city and the Iron Mountain Railroad Company, dated May 8, 1890, 
grant to use Georgia, Carolina, Broadway and other streets, for 
a term of fifty-five years, etc. (See Watkins’ Digest, 1902, pages 


759 to 764, inclusive.) 


St. Louis & San Francisco Railroad; Kansas City, Springfield 
& Memphis Railroad; Merchants’ Cotton Press & Storage Com- 
pany. Contract between city and the Kansas City, Springfield & 
Memphis Railroad Company and the Merchants’ Cotton Press & 
Storage Company, dated March 29, 1888, granting said companies 


CITY CONTRACTS. 


1087 


right to close certain streets, and to lay tracks on and across 
Broadway, Georgia and Carolina streets, et al., for a term of 
forty-five years. (See Watkins’ Digest, 1902, pages 765 to 770, 


inclusive.) 


Springfield & Memphis Railroad Company (contract). Con- 
tract between city and the Springfield & Memphis Railroad Com- 
pany, dated December 5, 1881, granting trackage rights on Fifth, 
Georgia, Broadway, Calhoun, Tennessee and other streets, and 
to close certain streets and alleys. Term of franchise, fifty-five 


years. (See Watkins’ Digest, 1902, pages 771 to 782, inclusive.) 


Memphis & Charleston Railroad Company and the Kansas City 
Companies. Contract between city and the Kansas City, Fort 
Scott & Memphis and the Kansas City, Memphis & Birmingham 
Railroad Companies and the Memphis & Charleston Railroad 
Company, for the purpose of settling disputes on Broadway, grant- 
ing lease to part of Broadway from McGehee Station to the 
Mississippi River, etc., quit-claim any interest city may have 
in property. Contract dated January 31, 1890. (See Watkins’ 
Digest, 1902, pages 783 to 797, inclusive.) 


Southern Railway Company; Memphis & Charleston Railroad 
Company; Hast End Railway Company. Contract between city, 
the Memphis & Charleston (now Southern) Railway Company, 
and the East End Railway Company, in regard to opening Mon- 
roe street and building bridge over Southern Railway tracks. 
Dated October 6, 1887. (See Watkins’ Digest, 1902, pages 798 to 


803, inclusive.) 


Memphis & Charleston Railway (contract No. 2). Contract 
between city and the Memphis & Charleston (now Southern) 
Railway, in re building bridge carrying Madison street over its 
tracks. Dated March 3, 1892. (See Watkins’ Digest, 1902, pages 
804 and 805.) 


1088 


CITY CONTRACTS. 


Union Railway Company (Belt Line). Contract between city 
and the Union Railway Company, dated January 7, 1890, fran- 
chise right for trackage rights in and around the city. (See 
Watkins’ Digest, 1902, pages 806 to 813, inclusive.) 


Union Railway Company (Belt Line). Contract between city 
and the Union Railway Company, for trackage rights on Broad- 
way, from Main street to McGehee Station, etc., under conditions 
specified. Grant dated November 6, 1890. (See Watkins’ Digest, 
1902, pages 814 to 822, inclusive.) 


Nashville, Chattanooga & St. Louis Railway; Tennessee Mid- 
land Railroad Company. Contract between city and the Tennes- 
see Midland (now Nashville, Chattanooga & St. Louis) Railroad 
Company, dated April 2, 1888, grant to railroad to lay tracks 
on Broadway, Michigan, Calhoun, Webster, etc., streets for a 
term of fifty-five years. (See Watkins’ Digest, 1902, pages 823 


to 829, inclusive.) 


—_—___ 


Artesian Water Company (contract). Contract between city 
and the Memphis Water Company, dated May 1, 1882, to extend 
water mains, furnish water, etc. (See Watkins’ Digest, 1902, 


pages 829 to 833, inclusive.) 


—_—_—_——. 


Artesian Water Company. Contract between city. and the 
Artesian Water Company, dated July 30, 1887, to supply consum- 
ers with pure water, extend mains, rate of charges, etc. (See 


Watkins’ Digest, 1902, pages 834 to 845, inclusive.) 


Artesian Water Company. Contract between city and the Arte- 
sian Water Company, dated April 11, 1889. Sale of Memphis 
Water Company of property and franchises to Artesian Water 
Company. (See Watkins’ Digest, 1902, pages 846 to 848, inclu- 


Sive.) 


CITY CONTRACTS. 


Artesian Water Company. Contract between city and the 
Artesian Water Company, dated June 13, 1898, to furnish water 
for flushing sewers, etc., between Iowa, Mississippi & Tennessee 
_ Railroad, Division street and the Mississippi River, etc. (See 


Watkins’ Digest, 1902, pages 848 to 853, inclusive. ) 


Memphis Light & Power Company. Contract between city and 
the Memphis Light & Power Company, dated May 6, 1897, agree- 
ing to furnish arc lights for a term of five years from July l, 
1897, for $85 per annum each, ete. (See Watkins’ Digest, 1902, 
pages 854 to 857, inclusive.) 


Memphis Light & Power Company. Contract between city and 
the Memphis Light & Power Company, dated November 22, 1890, 
for furnishing light and power for municipal purposes, etc., and 
te occupy the streets with its poles, etc. (See Watkins’ Digest, 
1902, pages 858 to 861, inclusive.) 


Equitable Gas Light Company. Contract between city and the 
Equitable Gas Light Company. Franchise to use streets for laying 
pipes, etc., and doing other necessary acts for the sale and dis- 
tribution of illuminating and heating gas. Dated July 26, 1887. 
(See Watkins’ Digest, pages 862 to 874, inclusive.) 


Memphis Telephone Company. Contract between city and the 
Memphis Telephone Company (Wm. P. Curtis and associates), 
granting franchise for twenty-five years to construct a telephone 
exchange, and in connection therewith a line or lines of telephone 
wires, etc. Dated July 1, 1899. (See Watkins’ Digest, pages 
875 to 880, inclusive.) 


1089 


1090 


CITY CONTRACTS. 


Postal Telegraph Company. Contract between city and the 
Postal Telegraph Company, dated September 11, 1890, granting 
said company the privilege of erecting its poles and wires ic the 
city over certain streets, subject to the will and pleasure of the 


Council. (See Watkins’ Digest, pages 880 to 883, inclusive.) 


American District Telegraph Company. Contract between city 
and the American District Telegraph Company, dated February 4, 
1892, granting said company, for a term of twenty-five years, the 
right to use streets for poles and wires for electrical system of 
alarm box, telephone and telegraph system, etc. (See Watkins’ 


Digest, 1902, pages 884 to 886, inclusive.) 


R. G. Craig & Co. Contract permitting spur track into R. G. 
Craig & Co.’s building, on Main street, between Auction and first 
alley north. Granted for a term of fifteen years, December 11, 
1890. (See Watkins’ Digest, 1902, pages 887 to 889, inclusive. ) 


Barron Collier Company. Contract between city and Barron 
Collier Company to furnish the city gas and vapor lights, dated 
January 15, 1898, to run five years. (See Watkins’ Digest, 1902, 
pages 889 to 891, inclusive. ) 


Barron Collier Company. Contract between city and the Bar- 
ron Collier Company for furnishing lights for one year, gas and 
gasoline, awarded bid by resolution adopted January 7, 1909. 
Contract to run for one year from February 1, 1909, lights to 
be furnished for $28.80 each per-annum. (See Minute Book B, 


Board of Public Works, page 332.) 


CITY ORDINANCES. 


Chickasaw Cooperage Company. Contract between city and 
Chickasaw Cooperage Company, lease of property now used by 
its plant on Front street, near Wolf River, for a term of ten 
years from October 17, 1900, at an annual rental of $355.87, paya- 
ble quarterly in installments of $88.97. (See Watkins’ Digest, 
1902, pages 892 to 895, inclusive.) 


Williams & Company. Contract between city and Williams & 
Company. Lease made April 14, 1899, of lot corner Mill and 
Chickasaw streets for a term of ten years from October 17, 1900, 
for annual rental of $572.04, in monthly or quarterly install- 


ments. (See Watkins’ Digest, 1902, pages 896 to 900, inclusive.) 


Dan Shea. Contract between city and Dan Shea, made Novem- 
ber 21, 1898. Lease of lot on west side of Front street, near 
corner of Washington street, to end December 1, 1905, at rental 
of $75 per annum. (See Watkins’ Digest, 1902, pages 901 to 908, 


inclusive.) 


Hygeia Street Company; Fay & Company. Contract between 
city and Fay & Company, dated September 3, 1900 (assigned 
to Hygeia Street Company, of Louisville, Ky.), giving said com- 
pany right to install waste ‘boxes on streets at rental of $200 
per year for a period of ten years. This contract abrogated in 
default of payment of notes. (See Watkins’ Digest, 1902, pages 
$04 to 906, inclusive.) 


Union Railway Company (Belt Line). Contract between city 
and the Union Railway Company, dated July 31, 1902, granting 
right to construct and operate belt line in the city over routes 
described, for a term of thirty-five years. (See Watkins’ Digesv, 


1902, pages 907 to 941, inclusive.) 


1091 


GENERAL INDEX 


OF THE 


ACTS OF THE STATE OF TENNESSEE 
AFFECTING MEMPHIS 


AND OF 


ORDINANCES AND CONTRACTS. 


; 2. ve 
x hs oat 
p 
‘ 
: 
\ 
I 
’ hay 9 
x 
i 
y 
1 ‘ 
er ve ‘ nat E ’ erat) - pea 
Y . 4 ; h : _s 3 : 7 Y 
\ 


GENERAL 


ACTS—LEGISLATIVE 


© a) G50) 6) 6 eeey eae ia e870) fe 6. Ul ef 6) euesevere s,s 


Taxing district created 


$18) 6 CO fee) @ 06: "6 eo), ON a) OF er ee ee lbs @ 6° 6 


MUMeTieeimenie Ot Py CONLrTACUS: S. 6:2 une caee e buk. 


Bonds: 

Pee PEL Mtoe COTO. GN A, <- Hare's ta lere ajekve'e’ chacchalibe tase vehte 
mPerecsmlimprovement: bonds). )s% iS a's. sw wes 
Police station bonds 


Park bonds 


© af @ Ove @ € 016 ¢€ © .0 0 6 ee 0 6 4/u S86 8 


Pram mmmiempiig~ LEVGG. acs... a fies, m0 emit a 
PECAN MIM LN CSENC) eeOeepe Maiict eye aL bidhs: @ at's ta atlahnteslly cae ate kal « 
Fem ee LES TONCAL. di ih. ae wielels lade e cavotabdes 
Board of Education—Property transferred to...... 
Board of Education—School funds in annexed terri- 

PMD TOL ECU cree 1 Aces’ satel arel's a < Grace whol gl etek ol eft 
Commission form of government................. 
Commission form of government—Recal] bill...... 
Communica plesdisease hospital. 0.0%. sacs aeron hele 
PREM ites see IAUIONS. 5c ytd'c'. wae ah. 2 cioletel ties x's x ef aberets 
MlecEricmiigntnand CAS: Plant. craves case iia s odeveds 
PTOMeM LOCUS ASSOSSINENL AC e.'s, occ any plalelale s shoe wie 
PRUE IEMECE RRA A ote cuvis i giYe.u ye sve diet ote selec e°8 pp o ers 
Seer art CLMMN NP ORG CL REN a) Ssigte Kiba gO) oie Whales molece «store 
MaRS DCM LOS. cc ctd Wilco aie dss kia d'are AW nfo lbra oa arelel arate 
RMEL ENEMIES atch «salar vo <<a) Nalin: F'sprile9, cio-d ou oe el'v ie viele’ e She 
Police and -fire department—Pensioning of........ 


Owens ee OCAl a OVELDIMENTs Hse. signe = ce sets hese 


PON ter LOR Ata LeeTIILISA NGOS eee coe ees ay hele oat eiah a as 


INDEX 


55-63-198 
57 

205 

136 


46 
46-117 
46-121 

150-155 


128 
129-209 
150 


SECTION. 


1 
24-45-294 


171 et seq. 


8 
8-156a 
ek UeMs 

187-199 
316 
206 et seq. 


2 

Art. 23 
310 et seq. 
158 et seq. 
159-328a 
160 et seq. 
130 et seq. 
314 

110 et seq. 


1096 GENERAL INDEX. 


ACTS—LEGISLATIVE— (Continued) 
School children within half mile of limits......... 
Territorial (dimits.c.) ive 2). eit wm cpee eons renee 
Titles: of: “qebeesaiee cs k wip ie hese tose nie uate etete ante Ree 


Winehester cemetery <i. . vine ss whe dss ieee 
(ABST RAG: COMPA NTIS cio tev eaudes na eugene ve eae 


ABGUSENG OFFIC Rai as ina chee s > sees s eibickne eer terae 
ADULTERA TED. 2AR TICES ss orate ec ahs octet Cea 


ADVERTISEMENTS: 
Legislative. requirements Wo 5 risen as. ectepeeem 
For-street paving: . pid ssa ee o Selene orem ere 
For: ‘bids——Conditions 2 20 i. 520.2 ava 'a's «operas 


Offensive: ose ea eee eto ee ee 


ANIMALS: 
Contagious: disease among... /..)<.0ss nek eee ee 
Unite lity, 00: atc ais ve erento s eee nare eee anes eee ene 
Dead=—Thrown into street 5... Jes. sale tote pene 
Dangerous—Regulations icc on aie ticle os see ws 
Dressed——How ,**CUG. S525 asin ate sie hl a bate we eee 
Diseased-—Right to quarantine... 3.0 .0le se 5s. oe 
Diseased—Notify, Board: of ‘Health. 2.5.0. .i2%).5..% 
Diseased—Misdemeanor to bring in.............. 
Overloading «se 2hioW 17 ecct gen ions aie eee egent ct 
Power: ‘to -destroy——W hen “v5. 4. aie ana cae 
Put “into, pound a5 es ee ote ee tc cee ie neo 
Dale. OL si. is wie’ lee gow wasinsode Wis teael te Iaucteat eile duet ae ate eget eee 


204 


371 


434 


351 
337-480 
331 
520 
520 
520 
472 
340 
509 
510 
341 


601 


601 


SECTION. 


216 
Art..: 20 


24-45-294 
487 

1102 

611 


321 


178 


612 
296 


247-657 | 


a. 


GENERAL INDEX. 


ARTESIAN WATER DEPARTMENT: 5a 
Pier ME CO MACHT Ost CLO cian Gates & syn cle «f/f diy slain shale 136 
Wer ae LOLe MG. YA OLBS Ose, Siig a ss cures mardi oS. 1088 

ASHES: 

Hepoevcrin boxes prohibited. 075.0. ok cas ose os 306 
Pama te anicear Ol! COPME hit, 258 a's d eco gti orale a ei aunt 316 
Bs OE OMRL OLD TAROT Lia's <5 ain Ais wet ae cAISSaew nee oe oes 344 
REESE TMMEECAS Ofte oh 55S oe os V a.wieva aS dul cst taal etnies Rea We 350 

ee eee ALL PILIRY. «25s, «ou nynsiele tier ae aia weave 472 

ASSESSMENT—(See ‘‘Taxes”’). 

ASSISTANT CITY ATTORNEY— (See “City Attorney”). 

ASSISTANT TAX ASSESSOR—(See “Tax Assessor’’). 

ree N La EUR OH) POLICE 6.2. i o.0,. ects eis iene ee eve 298 

ATTORNEY—(See “City Attorney”). 

AUTOMOBILES: 

Bh te EMRE YORE SOIL, ins'y 19h ahora soi Sale piss & Obfs so Rte 475 
To be REMPteL OTE MMe teres 4s halaitre «wiv Ate alan taiel oa; Sore 475 
Alarm bell or horn...... BR get arte why onthe ne Sees 476 
OEE ac Go Aa PO ee re ae ela t 476 
ir emrmeM Alar E iO U Least. « Go's Se scams aia Sam ce ees 476 
DT oer ty TUG MAIC aid cbs aise oetate, «0% o'v.8 pie eve cti oie ove ee 476 
ae SST MCV ER See TMC (ai'ats's civ? < aiale’saetsty. o dieisc ions esl feta 476 
SOCIO M Oe OLMINATICE. 5°... hiwivlereie este oslo se dws a ae 477 

VON IN GS ——=T1OW ETCCLE 5 oc. ck ce so ielbigd ot iele wie ee ae 510 
POM eT OMMVLGA STTCCL. 6. chee nub haklm sa wees 511 

Ee ACCP ns ML EGN, L.”. afile. sigue pee sid ieg ieee a vin os 949 

Ona NILA UO VILY oA. 0% nod Mialiorole @-a'e Gell # nite nctelet 478 

Pees BONG Ase CCPOSILOTIES 62s ., elk es ie ae kee 258 

Penne COLLIER. CO. CONTRACT oo fi. ie. fou es 1090 

BASEBALL: 

Re tEE ECR Sgt crv Vig ee eit anice a: pickets! vals am opel ous 482 
ESTA © GE OGRE ACSI se rane Oe See Pe are ee ere Mari aT eso Ags 373 
OTM RM AUSIG (Wet ah 05 os 39 


1097 


SECTION. 


171 


118 


667 


1098 GENERAL INDEX. 


BEER WAGONS—Driven on Sunday...............06- 
BELT LINE—(See Union Railway Co.) 
BENEDICT, WARREN & DAVIDSON CO.—(Contract) 
BERLIN :COAT,-CO:—(Spur. track) <.2.20% 20 wiles eke 
BIDS—-Ad vertisememtyiGry oi. 5 aioe shores nore ciate isusteiaine xo 
BILL ‘BOARDS—Speciica tions Vo oie ss ae a wales oe aie 
BUD POSTERS civ itae iegecehe batts: oe) b edeceteial lg taeearceeie raters tere? 
BILLIARDS: 

Billiard ta plesin ccc «oe wom te ale aii alee aie rene wou 

Sunday. playany Lj. were oops hate ar en eam eee 
BIGY CLES. Ge)tiseois oe eit a) ove yes: pases baat re eangn eee eaan eee 
BINGHAMTON—Sewer connection................0.. 
BIRDS—Killing woke ts sue ee she is okey ieee aes 
BIRTHS—Reports sto be made.) vie ere ere ee 
BOARD OF FIRE AND POLICE COMMISSIONERS:.. 


(See “Fire and Police Commissioners.’’) 
BOARD OF HEALTH—(See “Health.”) 
BOARD OF PUBLIC WORKS— (See ‘“‘Public Works.”) 
BOARD OF WATER COMMISSIONERS: 


(See “Water Commissioners.’’) 
BOARD OF COMMISSIONERS: 

Board |. crea beds) epeinaats ee Cis etree ae teen eee 
Bleetion sec: eee a a fhe Wigs e/g eae een 
To hold no.othersoficerivry 4 ence nee G oer ere 
Unlawful to promise employment to influence vote 
Powers and (duties: > views spe eet newer ee 
LO Sign CONTTACtS 7.2... sels sues WA eels Ree Shkeaan 
Taxes-Right:to levy cu. ni nu .isss, nko as wd eee wich nie 
Suspend “ OFMGSIS. £6 sare we cca us 2 wis eels Mars adene epee eee 
Mayor—Hlection 7.40 sci lteccs sn ons eee a iene 
Right: of appeal ecncieie wavs epoca ermal emer as 
Departments: classified <5 oi. iw viv «case cats clone meals 
Oaths—Right to administer... 05.2), 0s soso bie ww ws 
Scope of duties fps eo ie ee ae 3 


PAGE. 


468 


866-872 
1047 
650 

547 

373 


373 
468 
373-478 
952 
512 
356 


184 
185-200 
192 
197 
185 
198 
200 


195 


185 
195 
186 
195 
189-190 


SECTION. 
598 


1323-1333 


1102 
862 


599 
647 


[72a 
314 


258 
258-304 
279 
292 


386 
272-273 


GENERAL INDEX. 


BOARD OF COMMISSIONERS— (Continued) 
Members exempt from military duty.............. 
me LOW TLIC 6 teh alae, cd Darahcigs «a gts veraatetn de aa 
PRM MEETON © OLNGCO yc o'ss oslo tater te go binctd ween ead ol a 
ONS OSS Se ae a ie PRPC ua A Wie Bi 


Bree EPA eS COMPENSRUION © sects sos aie;s us ace Ce etere ahve e diabere 


Elect city officers.... aleotneg ee ae ee Pee a ae 


BOARD OF EDUCATION: 
PaMMrerritee POTN. CLC wsit sos cidpele edie saa dk ele ee whale 
Bonds 


PPE CER BOY Cee te Po ws ely. a alas & v wlghale Merk esta cnt 


SCS 18) 0, 0) B10) 0 10) a) G6 CO 6 8 Ord 6 0 6 8) 6 6 6 O48 (G6 O60 s 0 0.46 @.€ 


RIPE TONV OUR oe ak oj. Gin ti bos Oaaad tee arian ie 
OM aie. CUILE | DYODCTEY o's. os u(a's ace coe elutes inte woe 
PIE GUSD a Oe 2s) ei ce 9a chs ann's water's UO Walancts uety 
SNE UTIRM fas ols oid, us she: s asdnatiy 6 470 # detie Gs waar TN 
palaryoand DONd Of SeCretary.”.... 6. ees. we eee. 
SEEMED ORICOIN a. a Pa%s t/aluls, stam s « aiate Ge a Sore arte 
Pom er MeCOUIIINSIOUCIS 5% 2 dl's ce scale Cotes es cacpe es 
Pe CEQ IULOOL LTCC 5 5 vs slated bie Wo: vary. aielw ine ta 8s 
School fund—How apportioned..................-. 


4k Oe Ge ee PIPED Ai Ranh ete c ota etude tenes istater ott: 


Reports—Annual 
tae DEA SRP MEER yl St sch dope) ses ia sth axe eniw ls ay « Me: erolate« 
eae LVUIG SLO ura it ws State tetas a otetogig state sles’ oats wien 
Separate schools—For colored.............-.ee00- 
Rae eee ers ah «os aia dn clavate ae sceacalel wie sabe, ¢ 
USP emCOMELOCTILOT Vo istela ls inte sry iets *e'<,en, 6 Atarate ibe abu 
Rights of children within one-half mile............ 
School property transferred to board............ 


School funds -transferred to board... 0.6.00 ec. 2s 


eT POM COLE ICOLN aiid oak s¥ ren sucker a alike wae SON he 


eecerrererereeer eevee eee eee eee eee ee © © O° 


257 


162-166 
163-165 
160 


163 


166-167 
167 
167-173 
167 
168 
173 


247 - 


247 
247 
247 


1099 


SECTION. 


306 
274 


212-218 
213-216 
206 
206 


213-214 
* 215 
215-223-236 


217-222 

219 

220-239 

221 

224 

239 et seq. 


1-2 


1100 GENERAL INDEX. 


BOARD OF EQUALIZATION: 
Election—Duties, compensation, oath, ete......... 
RULES --GOVELB ING icin mc eas'cja wie ttahe ore lee ee erase eet ee 
BOARD OF EXAMINERS, STEAM ENGINEERS: 
Bond: of ‘superintendent... iGroaw nee eie spore Camels 
Money-.collected. 5 (94... 5 Usmaieuace ei hainuee rem 
Election=—Dutiess: -6tGs, bocce lave, shots eats eine em 
Bond “of. Seerebary conn se ci suciee tse ieee miearete 
CRS 44s lamas a's Velechial aha, oeal 4 tel plas apes ts hctee ne nes as aaete ee nen 
BOARD OF PLUMBER EXAMINERS: 
Members ‘and: teri: sicicc-0 sss statiwlneie cretereieaserere eirle 
Organization, :~ 555 0 Wass v6 5 ee ie oars meget eens 
Meetings *sieedo cc ees oe teoee oe ee eee eae ee 


Wxpenses ol -eense 7.1. isis ras eee uae eee ake 


BOATS—(See “Wharves and Landings.’’) 

BOARDING HOUSES—Prostitutes brought in........ 

BOTLERS—Permit. to) "set\ 5.2335 ss re be is eee ee 

BOILER INSPECTOR: 

Election, ‘salary, 6G. 0.755. oss was ates ole senate ieee 
Duties, powers, ¢ CbGcnen sieved oie eee eee 

BONDED -DEBT—Statement Of-j7-2)).\.5, Sas oa 

BONDS: 

- ACA Y HORBCOLBS ain e'e ke bs Ceieie oes sa yee een a 
City: -depostbor yin i). oss lamia es ree oka es 
‘Licket “brokers ‘and. scalpers. 2a. 2) 2s ce spices Sa ame 
Street: commissioners... 45.05 see eee Gee 
Superintendent water department................ 
Secretary of water department.;).....s0- 90a teens 


Water “commissioners: 24 c)< oho hs on Sains ak 


Water: “ponds. a7 Sh oe ae eee 136-689-728- 
Park bond@ar 3 ccc eee ee ee ee 155-150- 


513 
269-270-567 


187-269 
268 


191-257 
258-259 

640 

652 

684 

685 

682 
732-735-740 
153-743-748 


SECTION. 


104 


39 


GENERAL INDEX. 


PAGE. 
BONDS—(Continued) 
SELES eeIMIPTOVEMOENG, 0c oe esc s ale wee es 46-99-117-751-988-986 
Pers PME AL PURT UC MIOELC Sisetiyt igs ie aciy. duets weed onue eee Phe se 758 
Previa em DUNG y OTUINANCE. 2.5.5 oe vs sees ses weiss 46-673 
Eo LENUAOTIAE Ge ce gil ates nna sno sod ss eceo sig a a:'e wattpi e's 46-121 
Communicable disease hospital................4.. 46-121 
SSAA S WOO S@ FENG BAS Rage la ee PI ea Pap ae 89 
tee ACRUALUL TREO AL byte ee.. cis oles Satisa's acs Fs « b)s 130 
IRATE gS OL SSS ce eee, a eee 168-171-174-177-178 
Be MPLS ET iran Getta tins! G ok. + cre eu Koalalera’s a + 6 197 
(See “Front Foot Assessment Act.’’) 
BOND ISSUES—To be approved by voters upon petition 198 
Pe POV eamCIvINS HOUSER er Ae snes s deed nance ee 588 
BOND—To operate drays, hackney coaches, etc........ 459 
UD REM N GOS ot STE ie hare Gi air ean ee 373 
er ese ee OTM POM caves bl aces eee shee ec eee 512 
ey ees NIM —CORITYING vy eo slv ys ss cd eases ey eee 479 
Beate et Bert RCCL EO IE ya giecc duke aac yie sins os veep eae bee 386 
BROADW AY—Law. as to subways on................ 998 
Bree Pr eer RAN ce see Sieg arse a g's We lece-c eo oie 8 © sieve. 374-383 
eee ye MAIL OUI at opel yells ose ws + vip 0°46 Vise 8.5, eae Bio 
SIU SS MEECOAM EN clips; Vicivis o vlc [S's ¢ 60 sis sae a wae e's 388 
BROWN, HINDMAN & HUNTINGTON CO—Industrial 
Fa ee Meee MET os Soh 10 = ja\5. 81.4) Dhavi ml 6l'sjs 40) os a)'0) ©” vei 895 
SAGERSC SIM CS ged OY The ed Oe) 0) De P 304 
SSE Gd ea A VILE Soot als 5 ee scales ose S's iaia givin so-so citte doe 88 
BUDGET—May transfer surplus from one account to an- 
EA yt 2 AS Rechte Bele AD Sa AS Pe ae eee Sa» 200 
BUILDING COMMISSIONER: 
RIPE MEL MM IAL YE AOLCS: Se) hia 2) art Sin ee ive ole 6 os 5 ehoa le 187-521 
PRigitiel lard, pleat ente tia Aye Reread Gl A Pe RS ea Si 258-521 
MLR Ve LEC UCU eats se! pies ergave. f= Bic Uie'el wie le bia eve ees 0 5's 261 
PoES We EM MIME aeRO Pattie ic Bese « ca) A «(ole a tale (PGrocS ae aca derek 521 
PLSVE GILG TG ERTLCIE ORs 5 ares) <r. aie’ eh ne ke ac 8 t0 sete Be 595 


1101 


SECTION. 


8-157 


297 
988 


773 
654 


86 


148b 
112 


301 


265-803 
2-804 
12 

805 
1002 


1102 GENERAL INDEX. 


PAGE. SECTION. 
BUILDING COMMISSION ER— (Continued) 
Qualifications 0.5. S320 nea al ces Veet coal 521 806 
DalARY, i, oe te toinge f Fa lelhat gadis had ta shan Nodige Aare pea aMat at tanned 522 ‘807 
DU GIES ATOSR NOLO ac eget te nave sn Stat sesh e hay snes 522-524 808-809 
LO DAP PLO VE: PLawsi ci. Lassi sie orm vie sient etee Man ean eek ene ees 523 813 
Tonispect uid nose tet hosiery ae ko ae mnene ee 527 823 
Assistant ' bullding ANSPeCbOr. so disleleteuchy saeoaso ale anane 527 824 
BUILDINGS: : 

Power. (0. -condemiis. ae. ce sans ele oe sect ote nian 41 4 
AIURLA TIONS (CRG ta ciae see goa cobs htaheie cs Se tale arta Mata ae 527 826 
Additions-=Pramie=DuNdings “aixcnvc st eesincwn yo teleeee 527 | 826 
Additions——Bathroom (5 nk Patna eeteeiees vets 527 826 
Alteration or repairs—Power to act.............. 528 828 
Areas for heht and ventilation...) ears atu alee 544 854 
Areas—Retaining wall around.’ .........0.s6-6-: 544 854 
Ashes—-Receptaeles fOr -2.5 chanical ile aats melee beeen tee 569 932 
Anti-ark, ‘ordinanee.(. 5 Visewu tsa ie pete ateletaes ee: 601 1016 
pd 4: ae eR ahd Gah ee Rhee Monsen uae Foyl Fy AIS RUG Py Fahy Sn 601 1016 
Arbitration fire ‘damaget:.;... eu soc ene tea 530 833-834 
Building ‘ordinances: S287. c iste se a ares . 521 Art. 61 
Build or repair without permit .2)/ 0s olen see cee 503 «44 
Bond—Contractor ‘to. furnish); 2) 62. sidestep 826 822 
Bill board soo Gece eee he a geste grata cn ted ee 547 862 
Brick Lee ene ene eee eee ee tence eee eee 562 903 
BAIGONIOS Sy arats Where eA 0e kel hra elt oe etc name ars erence ape 593 997 
Boilers—Steam boilers—Furnace ................ 599-567 1013-922 
Belting MesCaiass ory sacicoe au cae oe eae een 603 1021 
Block) .constritetion. 5 i civics es Meee as yA ee 606 ; 
Buttresseg ice eau Gus Se eho eae enioc ore arene ie pen ecatineane 591 993 
Closete— Yards :closets - 082.5% are.3 fork asetes Saiala et enetaerantts 528 826-827 
Classification: of); Dim Gings.i2 cx ei eles) cine eee ee 538 ‘836 
Cornices 1 fee eo cir agit Gs caw cate eerie cae paeieterabena elaine 545 856 
Chimneys: Or Guess oiise, te eraieteustn ean ete aperere sane etn 566 917 


Cast. jron—tfron columns ion ea ce ee ee 570 


GENERAL INDEX. 


PAGE. 
BUILDINGS— (Continued) 

Contractors—Not to give bond—When.......... 588 
OCU Ce gO te deer ee as BRR Dope ihe 2 Uap rep 592 
Prete ete bier ty Sirs a ek ne nad SAREE he oe Gere 603 
Canvas ine So Se eg ee a ae NCR OAH TA Ae BIEN a oe i 606 
Commissioner to enter buildings.................. 595 
SPenCr EUS LOCK, CONSLTUCLION .. wen vce Saeed ee alee 606 
Pee POWOL* LOS o).8o kein cake a oped eonee ss hata 322-41 
Dangerous ..... glk Ate MRM pth Ne 90 Sites Nae 322-358-480-529 
Defacing “TO de ene aa nment tees te Nit 489 
Bere eV ELTON ag, o's 9 sr e's 8... AS 7 8,8 toa weld abe aes 530 
Prete A TEOT A COLIUIG, fo ow wis «2 asus cue toy. 2.0 hac Cette ete 532 
POC cnet MELOGWELICS ys 2.0). - os, sive aise veges burce ofa wiehdon cs 542 
DUCE OCT DST LON 2 6 8. Z.26 5 <0 2.0 Snip 5 Smieee oe ccmiaes | 564 
Pe Cy Cmey BCP LIAR OL Aires Soa! 3 So ak dd 8 AP ae aad ee eee 583 
Rte ee mA UE IT pate orl ho oat do Bosse Ase wik ae eceisge Uehed ; 604 
Pe MUNG: ied cea cis fia ss) sey 5.8 62s 2,3) dis Adon te ota ahaite unt 604 
gmeiieers to give street’ lines...) 2.62 cece ee 491 
RUM MROPEt RO Le aint Gry s&s. 0c doe wo 4 of cur f cents eyed hich 525 
Reerarivimariie ILI OS 5 5 5 oth oe) ia of Oi, alam ell oy 8 Maehe 548 
Rar eTreR STENT MOR yen 7a, A dc. v “Sy ai iy Bee! <b. aR Poe th fe Mi asle aR 551 
RPM CUE METI het edie hao dur 3. Si os id ys Sd oe ee mae 554-559 
Re EMEC eae et eS oe Lid Gu A Bake ea HAS aie 585-586 
Set EIR T SG p> cisia aa Glv ca) do! Scshehe. deel af 616 Shalahsl wtaletons 595 
Explosives Mees St aC) othe. data ek shee nk «a ao aust aes 605 
Fire district extended—How...............2.206- 541 
aR RR NERA ES 2p Sahel 6 a6° 0 nh 9 oho: vice. hal aol suet oreek ae 589 
PERCE a. ticity ata daha ty cis). oo syes sre er etaue Sinraieuae emis apd 324-583 
aR UORIIORO DET OOG civ.) io. t oye «a iso) os ye! ool Soa.b. ae Merete 524 
EMAAR RIT EES coer Ditto coe Sat ol or a eos ons ows og! heteae See 530 
Pre DLOUL Me CONBLLUCLION 6s: 2-i-vsisoa » daht sersianete ore aoe ohn 536 
Fire districts—Buildings to be fireproof.......... 539 
(aT Ome CIsEEIObe—-n- PTINOCD) es dhs ¢ Npield diaew svete tay s atstaby e'¢ 540 


1103 


SECTION. 


988 
995 
1022 
1038 
1002 


199-4 


199-318-656 
831-832 


695 
833-834 
835 

848 

910 

971 
1027 
1026 
699 

818 

864 
874-875 
880-893 
975-983 
1001 
1033-1034 
843 

990 
204-972 
817 
833-834 
37 

838 

840 


1104 GENERAL INDEX. 


PAGE. SECTION. 
BUILDINGS— (Continued) 

Fire: distriets—“Middle” se... eae ON OE IE 540 841 
Bireidistriete-=VOnver cise se eaten eens elas eee 541 842 
Hire plugs Obstructions aca. 35 wns cantetow am cienee wpe 542 846. 
Fence—-W hen required oi 1055). cae cig as orehe or elaine Seat 543 849 - 
 Hounda tions: saSes atae viele ia cae saw pasta a ee ees ig ae 552 877-879 
FUMES @ ose akc nae Oe ayes es ee wists OR etn noan aOR Reem enna 566 
Furnaces, OF” SOME. CAD Lesa niered ne reeear eae eres 567 922 
Hireplace “\..03 0 ..c7n eis ety tk ea Tiree nee eee ere 568 as 
Floors—Computing Werghb ON..csniie sm ce tones 575 948 
Floors-—How: constructed: (aii as. ice pase iat 575 949 
Bigors=-\Unider- Tloore airs. ain sweiy Cetera ae 577 953 
Floors—-Openities. through) Wiha cgi 578 | 955 
Floor beams anchored—How ...........+e.e000% 578 956 
Bloor Or. roet jOISts 20k so wi acim Barus es et meeps 579 957 
BUELL 1 her ie ta Diese wheeas att ooo me oder wav poe lode 579 959 
Fire extinguishers.............6.+.sseeeseseeeee 597 1009 
Purnaces--Flot. air aioe eect st eee en aera 600 1014 
Frame dwellings......... Pee Re are hres 602 1018 
Fenees—-Heeht “Of .07./. sisi aise aie eons ote tv one one 603 1023-1024 
HA GStAIS: laces nett seeks aos elie es me te ee note eines agents eae 603 1025 
Fineworks diss atc aee eat eee wivtiit wa Aan pS aes 605, 1034 
Gui ters-—Obstaueliom: OL noi. asin sy strace wok eye 543 850 
Grain StORA Ges ack Acs aesaews tetas ve (seers epee da vent teredotee 548 866 
Grain elevators... 2.6.2 espe eect eee tee tee eee 546 858 
Girders——Ends Tor, 600.3 \i.05 Saw. Ma. seed aan ees 564 911 
Gradients (2.6%n6 otras eee eee a. es 593 996 
Heights Of spurl dings ese went oes e a ues phates ale 539 838 
Hoellow:: wad bar yiaho ee eile ie wie eeeam tule ae veh eas oeeiens 558 889 
Hollow: tile «partitions... csr sen eee wa role 565 909 
House mover—License and bond................. 587 on 988 
TUS ADLUALY <5 2ricoeereecw aes heats Gap oie oS wah ek te ip at 321-323 199-201 
Inspection—Notify commissioner—When......... 527 825 


Tron=—Struetural: 3 we Sess ew cos eee ean I ee 538 40 


GENERAL INDEX. 1105 


PAGE. SECTION. 
BUILDINGS— (Continued) | 
Uioahl) CELE TS [pp gti ete er ree ap ieee re Sole IW eon area tia 538 40 
Inner fire district—Material to be used.......... 546 858 et seq. 
RemEMI TA ER URICIN Gs 6.5 so ahs aie, os Fae mae ob ae ate ho 548 866 
Jails—Kept sanitary .......... sence eee ee eeeene 325 208 
Papi VvenenLObe placed 2... ce. ve sso eee 543 852 
ere IGS TOF Rays 5) s.006 are fa 'e18%0 ns bleeare Sted ood g os oe 556 886-887 
UGA T GPL 2 AS Ae an Re gM pene PG 598 1010-1011 
as WAIT MTOR TO Baile iy) ofa "slat ofeach das w silted 2 Magee eee 587 985-986 
SU RMMRESE EER MMMM cleat Pasir a. ox, =) oss, 4 wlp'o)'n! haley 0iet «14 k's ayo ae mi oe 531-604 834-1031 
TE MMAAL LSI iiss, 0. <i a) + aie 02 eee sso 6 cree, 8 ale dle 527 40 
PUM MM SCEM Iino ooo arci'els << sss 0c. 6, ae «6 eye's ep lerel cela ate 543 851 
Moving wooden buildings. . RRA ME dae Run AP 548 863 
PEE IDCMMASEI ICES o.co5 6 os 5 8 o's. 0 tc e.e bye Peealale ahha 548 865-867 
Pa I RE Te ANTE RO rials ote. cvovelcl slsie'ens la. osens once e ao sacle ae 60d 562 902 
Miscellaneous Provisions: 
All parties to comply with ordinance........ 523 812 
PSOE CINSS UNOS. c Dy 2 AT So. 0.0 evs, oo sete 555 882-883-890 
Piniciies.o front highway. /.........05.kecs 592 995 
Noparoane: oecupied—VV hen... fide. s cele v ese nee ae 605 1034 
ON FAECIUM MINTY IE oon, os aioeise 6) Sh6) s: Paka eo) Date e's o ateln bee ens 322 200 
MR RIUI PEI SERMULOC UM esse ce feias «pis cer clw 007d + 0 event bler 587 984 
RE COC Ia MM Mae riots 4! 6 dis eros you a's @ hlets' ss de eee 324 203 
RIPCiTae PM OOMAUTUCLION « ly's'eiera << 4:5. bso 0csl¥ewisle as Nie 538 40 
Die LOT APO TOON 8. Scie oe ore See ee ka see's 605 1033-1034 
Da TNE CMCUMIRIOTNT. .ickice Av soos e/a are 6 ol cit atacsie! beh eels 322-41 199-4 
ggg. 00, ¢ Se he eee, er 324-342 206-268 
Permits—Temporary .... ccs c eee e ee cnet ess ceee 524 815 
Re EAE ERY OA) IE CUP icc cr th wince «5 0, uc sf) dis: vb injerh oye aos Senn 522 810 
ENS NO SBVICCIICALLONG 95 5. siela/ oie os e': elaie oe), Malolos. 523 811 
Pies -ETOpesed | CHANGE 61.04 .6 ov sete aslo e iene nes 524 816 
Plans—Linlawiul Co alter... 2... cede ew wee wine 524 816 
MOPMIte—-“DURAIION OL: 9. fa... nes ieee sds nec moepe 525 819 


Merri ita CA MCOPOG———VW) L1GH | sicts)s so 0 vise ws ee cl ieiene, dieser 525 820-821 


1106. GENERAL INDEX. 
PAGE. 
BUILDINGS— (Continued) 

PAVIDONE: fa Syston eee cing rote ea ve a ee 549 
PilOS acy FARE AS salts de ge ade (0's fo Uae arenes 6 hee eine eae 553 
Party walls x. jc ceils tan es te is test olen iate ele eee eee 558-560 
Partition twas nis iste es wise te tale Bonie ed egoaes Meanie 559-602 
Pipes—-Recess fOr, 25.5 fhe iie, sedate ata sine ts ener 562 
PHOPS ¢. OUCS Noa ein ara Shes Gea re tee ec eet etal ea eee 565 
Plate; pirders——Hormula. 2652 seca cltpe sible ta eee 571 
Placard, showing load: per inehe)) 23 (eevenas « 577 
Public buildiies cure ek Os iar nen 590 
Pipes Hot air 25S. 5 aa ek, baleen ee Re eee 600 
Planing mill; ete. 175.5 Siet's as ce slate ramale de tara 602 
Repairs—To make when notified. ..........'.... 528 
Roofs—Material’ to “be used oi. 2:2Hes xe bee 580 
Roots Fla tits Poe as © anata eee ete 580 
Roofs—Repairme sates PA aetna eae mater ae 580 
Refuse—-To removes oi. 0... 2% eee accors eaten) omeernle 603 
Riibbish ¢ act eon pone aee eeee wea eee 604, 
Sanitary lobe. Kept. 24 <a wes cee ees 321-323-325 
Strain: ‘sheet e sey yas wh Gia Re arate ne yen eee 524 
Sidewalks—To remove obstructions............ 529 
Sidewalks -covered——When- 0 .7.,/4)) 20's tw aus oes 543 
Skeleton) construction stan oe oe ena 536 
Slow (burnings Construction Yn: e7y a ee res ae ee 537 
Streets——Right : to Occupy.c as 6% iris eh a 541 
SHOW | WINGOWS otic ee soe eet en err ety eee 544 
Signs-—Construction: 5 art :- tava epee as ee 547 
Stables oF N cae eee ee slUN ep iyy hac cea peg an 559-602 
Smodkestaeks cei, bes wealth wean eye eanecthh ewe ne ee 568-569 
Strain—-FPermula nie. nueva Cate aed ee ee ee Sa ae 572 
Streds).0M posts, *ObC.0 vers va, cu ae ener 576 
Skylights Sah Atre atoms, wt ohn seers me eee 581 
UAITS ese are nee Mine a ise aeptae ict ante ep en eae 582-583 
Stand; pipes::.45\0kG oh keene com sare veh een name 584-585 


SECTION. 


869 

878 
888-893 
891-1018 
/901 

915 et seq. 
937 


1020 

1032 
199-201-207 
814 


854 
860-861 
893-1019 
927-929 
938 

950 

966 
968-970 
973-974 


GENERAL INDEX. 


1107 
PAGE. SECTION. 
BUILDINGS— (Continued) 

Skeleton construction—Class 4................ 591 994 
eM OU ewer sla, so crake te Us, ca's Fie OAMGIN Oa Cate 593 997 
SS RMMMO ESM. tty odes yc ceoe ole a be 6 ae WORE 604 1027 
PRR RM he OR IBEMINME Comat 0 xo yoo sg situ c wk olka Gola Gets 604 1028 
Ree ELLIS dep Ses os Ps vw Oe AN eee 604 1030 
aR E MERE avis t'S'e a. < 50's. 5. o's a adie oredeoas Sacsetiee We 563 906 
Stone—Rubble stone work NR SS Wee We teen ae 565 913 
Pomoum pry aAWwibh OFGiINANCE . 6... eens cece nee 523 812 
Tank houses—Construction ................-.. 549 868 
Re MMe ae Blois epechaiic yd ¥'v. ote y gale a Ve te EA 589 990 
BTM TMORNVAT O60 ond oinh 50 oe ao. o hae shoe 6 soo tae weft daw 589 990 
Dee LOMM UMUC INS Soi. os ahs sb none 101 lacie 4 aisle aks 590 991 
TENCE Dees i ES a ere Sar 604 1026 
Bee UMP ENC ATIVE cee 8 oA Svar Sie tne oe GL a aevahe the Sale b0 606 1038 
NMGNGRPEECAING DULGINGS 0... ce asin cla sen ess Gos oe 550 872 
MEP RUOB ES BUC” DULATS orp wus sie oa so old Sie oe wiafele a 538-573 40-942 
Windows—Bay windows ...............+... poy 544 854-855 
Wooden buildings—How ‘raised................ 549 870-871 
RIPE SOLU clay, 0,)c1a agi oalahe evo! don in ave ald 554-559 880-893 
RCL CMIGEYY SPY Vintec. 5 g12 a ee Seracd cise 'e samelaieragees 9 558 889 
eR RUC SCY LI COE UL OP ha Bo 6 thins 3 ip coe ote ale! alee: cpanel A 559-563-602 891-909-1018 
Va (oN UCC ao Bi iy Sey pas Oa arte RP ar a Or 8 558-560-563 888-893-908 
Maree MUGK NOS NOL mut fc Wilk ack s wattle te an 560-561 894 et seq. 
Walls—Light and elevator shaft.............. (564 912 
EMRE CE TEE cote eve i sch sn: sh wre eects «dee ke 565 914 
Walls—Computing weight on...............4.. 575-576 948-951 
PemPRIER EES HOTLAER TT ASML ce oo ninly oun s a’ o¥,4) alt tonel s alelmnarde 577 954 
PML MISS OTOCE Ce S a Taal y wie Ulais le 'ah ald Qian tiers. COMES 580 960 
Water—From conductor pipes..............e00- 581 963 
EE UMLTL ER BIN oye eos TES oka a's 09k G. Ghar ah Oaetg tale a 581 965 
Rae ae CLC TOOT OMG LC, coud ial-enis, t/5:0 8 (aloreey op 4 8 Sie Om. § 589 990 
Or ree ECS RAAT INL Bsce tend OWS oils Siiaha sax or ced aah aes 589 990 
POEL Sasa MOER BEN LY Hes 3) a cats hailey ei'ede Wi aihwsetey S7alle pW ae ataats 590 992 
WAAL IIELAY Menge MWe sins lagers e's aie X's bie ekg ovr ik aye son 601 1017 


1108 GENERAL INDEX. 


PAGE. 
BURGLARS’.. TOOLS—To. possess’. ise. ea alee ates 467 
BUTCHER cen ten gaa Ceca ee 375 
Permit fOrcco). so civinsetne san \mteravehe caceste, tue te lbs Ie ape ee eee 339 
Lo: permit inspechwOna ys. aat ae wine eye oe oe ee 339 
Ob are eh ies Nees ie Pears cs ow ne tere ete ety Ne auses ton tee rwee eaten 339 
Lanning, skimning, 80G, ic: .2. ait niente eis hese eee es 341 
Delivery of seat sas toc Soa c eihes ee etme eee 452 
BUTTHR—Adulterated (9.5. oecas wivepeet sees see 333-336 
BUTTERMILK-—Adulterated "<0 s2. es oe cena eae 333 
BY-LAWS GOVERNING, COU NCI. y salvis atvctnte tea 367 
CAFES—-Dicens@¢ 255-236 Sh ao ete cee tye ae eee 392 
CAPTAIN OF POLICE—Duties, election, €0Giic.-fasee an 295-296 
CATTLE—Regulations y wicsicins-. «sisdste aioe areia te peaeeneee eee 337-482 
CANNON iid @kicig hie cs fond cae cr ao ee ae eet ee 306 
CANDLES * i.) alors. ncs a iacoep rs avig, fue see hee eee er ee 306 
CARCASS—Jn" public. places. ..\.c Sok ee ee 502 
CARPET RENOVATORS 2s oo sce } ho ee ee eee 376 
GCARTS—Dra ys} eve.) Ge Pe nie ete tet eae ee 380 
CARRIAGES cc.psc8 ee ee ee ae Sieh 381 
CASH “REGIST RRS 3 Ses aah weet a sre cee Tre ane 375 
CEMENT = PIPES ay. Giessen cre or ee ee heen wee eee 361 
CESS POO D5 ocaire iG vebepteata ate wee cle kos pia teas ree eee 343-347 
CHARTER OF THE CITY—(See “Acts—Legislative.”) 
CHECKS SROO MG in scco tierra ails 75 ee oe a eae ge 376 
CHEESE-——Adulterated io asias na carg ek eee 336 
CHESAPEAKE” OHIO 7S Se Wo RYo +4. es cies or eee 1082-1083 
CHEWING GUM MFG...... Peg ROE a CIE eC 379 
CHICAGO, ROCK ISLAND & PACIFIC RY........... 1017 
CHICAGO, ST. LOUIS & NEW ORLEANS RY:: 
Track on Trezevant and Clinton streets.......... 909 
Lrack. ‘on. Carolina -street::. case 8 he ee ee 910 
Sigbiwentyes ooo oe RR eae Brees Sas ees 959 
CHICKASAW -COOPERAGE OO), 0. 0 eee ae 397-1091 


SECTION. 


593 


258 
259 
260 
265 
547 


232-244 
231 


110-112 
247-669 
153 
152 


137 


37 
38 


329 
271-283 


244 


36 


1381 
1383 


372 


GENERAL INDEX. 


CHIEF OF FIRE DEPT.—(See “Fire Department.”) iad 
Pete Or Me OIIOUESRIAL Vi Pre Sig Ss a'slsie. bid val ec F kb eters als 65-297 
Election, salary, etc. (commission form).......... | got 
Stra ERS ECOL i al erclis whet, <) < x's 0) nie 4b 2 diane Shin Bones 259 
Sa eeaRPL OLS erpeee De Sc fois) oe soi lh ov, Soleo e'ese & aces 298 
Lara e TL PCS POLG. eee.” pees sis o's's'o sie eww wi elaid's 60s 298 

CHIEF OF POLICE—(See “Police Department.”’) 

Election, salary, etc....... ite RE ee OR a ee 65-66-295 
Me eM TIO WOLSEY tee afc tcs soso oi «3's 6 vie ad's Re ye? 66-296 
Milection, etc. (commission form) ....5......3...> 186 
Peer OL I CODM ele fare alti shacsis +5 s\% «iu alsh sare a's a se 259 
ESS) oh ocd ine RR Ga oe Rae ne 295 
Pye PCR LICAAL NW OLUMANGES g)nof i ws 9) oie esse eee sees 316 

ee Veron ME Vin LLU Haoltess «css Ses cle cles sec tee 397-1085 

SuoC ay SOR LAHOMA’& GULF Ry Bio... ne... 1006-1086 

OPTS on SN ce AE en a 352 

NS i SEN MANUS eGaee oS Coglines Ck e a 376 

NG REUSRSIES Ss one A Oi tS CON AE ar a er 376 

cl EVAR NSE oe ot 2) seg ye OE eee eee 41-322-351-479 

ee Nee ees yer a VY Os CO. Faas eels ois dees oe vile w ne 1082 

RM OT DLR AIN | Leen Eek COs og, vis. sje siete os ce oon ve oo 1081 

Pity Powers tOnkGep ) ClEAN . 5. '. 0. seek cee eo ee ace 41 

| Bet) eID PaCMCG LOS) cnraucettiaei sate esa sic ¢js zs <0. 4,2''s ais quele 41 
CITY ATTORNEY: 
Milecetion mauaiUiCA LION, GbCi, 5.) 203 peek sais 80-200-201-186-264 
Dheres TL) MEO g eiial'cliy Vad 'oiaa(', Shas siip bile ones alais ds eine w 0-2 257 
TPMT OG. = 0 S009 co leper oa eS) SPC Rea Se 81 
ROTA aMt teks os0s 4r- ducts ati arsts) dae 'piere sie dp 6-8is,0l ale Hoy 0's 80-81-192 
RL PaR VMS CIES css os «vse acLete/ laa teres \ odie Bw Sia! dies ofa site 81 
ABSISLAaNt CILY ALLOTNEY .. 06s pc eve ee ewe ee ee ees 81 

CITY CLERK: 

Hilection——Salary, ete. 0... ccc sect poses eaees 186 


Vacancy—How filled ....... esse eeeeeeee serene 192 


1109 


SECTION. 


50-116 


4-199-295 
655 


2 
94 
93-97-281 
96 

95-96 


1110 GENERAL INDEX. 


PAGE. SECTION. 
CITY CHEMIST: 
Hlection—Salary; 70tG. no. ae\ateene ite we nite erie fatale 187 265 
WACANGCY. O50 cota cht ant nilnceece ts cpt atalees vote tetas tenet aeeaeite 192 281 
CITY COURT CLERK: 
Hlection and qualification 7.06 soc. Bc athe ie eee fe, Ly OS 
RB LAT IVa ip2 avenaiy eared cottana ots (Ome ye Ph ie ene inane da heal ea ee 88-89 
TROT oracles ieee tase cathe ie tas iy pica co eat ve ene gO MEME ys none tale tale ene 258-79 2-88 
DGS iy sic oe ino ouant tet easiest athe seater ene ee ate 79 Soi 
V QEATICY i iiave'dse ele a Rere wort broirees cae wha wale tae Cierra 80-81-192 91-97-281 
Election (COMMISSION LOFNI). tes yen cote 187 265 
Moneys: collected cs055. si Wa. sce cere ats tae meant 261 12 
CITY COURT JUDGE: 
Hlection, qualification, duties, @tG.i< 0. v2 eee oo U1 % 81-82-85 
i bX): nn nM EL WRINOA 2 ARN ORS Sate Get | 77-78-94 84-86-125 
Commitment,<toprisOM sc...) 5 4 cnr sian ees cose ec eae , 434 483 
ADSENCE "OF 8755, Vie Mee eee scope eae ct ee 78 84 
SAAT Yo ine see na cotton aia Vas tera lotie ovata oat stieP atest eal noe cea ee 78-199 85-298 
Appear lon is, re wikee dis 8 pc tase nahors utieeata tee Tey hate ae Deca tne 78-79-199 86-87-299 
W CATO YS G8 Mea Susvaue ete SeUm unl Cvas nakt ete ian Sem et nee 80-81-192 91-97-281 
Election; ete.” (commission (form), 4.4 sce aan 186 265 
Fihes remitted) 4 adan ise Ghee eee 199 299 
Fines—=Imprisonment for... G2 oe ne cena ee eaten 514 776 
CITY DIGEST—-When :to be published, (2. arce sae CT 54 
CITY ENGINEER: . 
Hlection,: salary ceLesce ewig sae eae oe tees Pee 60-63 36 
Election, salary, etc. (commission form).......... 186 ; 265, 
Vacancy How, Tlled tn aan ode an Renae 192 281 
Bondy a cea aces eles act eae Atel sn yaar Meee eee a 258 2 
Duties; ‘powers, eb6 "mci: savnaiscnn seer ee ee eee 265 30. 
ASSISTANUS (a) a sued oir ei ae he mainte May eden ieee ae 267 35 


CITY HOSPITAL—(See “Hospital.”) 


CITY LIMITS 


GENERAL INDEX. 


CITY PAYMASTER: 


eer eer DONV RIEL Oe rao Se es ol ga2eoalag ere e Ce a oot 


CITY PRISON—Custody and employment of.......... 


MOMNRa TIE CLC os oils wd a ese a ae7eeis Sore arecaa es 


CITY REGISTER: 


BE MILO TISALALY GUC es 52/6 c'e ei eais s cividle Eve e she ghawes 


Dre PCE RTS ao acta sola © oe cee co Fotak ola wen 


Pega ci TR Nera oy xo. ot sie we dlatere a ela ol ds 


Seer CIE YE LOGIRLET O  she «csi ess alec stapes ae 


CITY SCHOOLS—(See “Board of Education.”) 
CITY TAX ASSESSOR—(See “Tax Assessor.”) 
CITY TAX RECEIVER—(See “Tax Receiver.”) 


CIVIL SERVICE COMMISSION: 


Pememinacton Of; &pPpucants, CbC..%.'.).. 6s ves a ceeae « 
pL Ee STOO aes PRU UNTIOC Sarid els ch vin ciale wie (es 6 a8 e's o ore'a 
LEI CPEE Jeo Rest hl 9 Se A a Pe 
PICA ere EOF WOOT yin ale aes ood ee eie ects we cle se wey 


Elected according to qualifications................ 


CLARKSDALE, COVINGTON & COLLIERVILLE IN- 
COATES SG CTS Bs oa eg a 
RIM PE PUM Oy re sat vsieicas so xix 5 0 oh oe py clays a 0 
CLERK CIVIL SERVICE COMMISSION.............. 
CLOSETS—(See “Water Closets.’’) | 
Maer MLL amen ay kei Pacer Goh ate asc} slaiiacs's/a0 Cage fed eee ecu, @ 
PE CSOP oRrcenees lS wine << ators a kss oicae wee'n etre vee wha 
CCS BBLS 6 wal Ae ee oie die dail aisle sles@e aty ei 
PIN Mee DOW ROLLA tits x gig sisle'e vecs nis. 68 wives ele vieid’e irene» 
ee AUN LI eels te ede su Side eres: oases 0 ace Fide Cares 


1111 
PAGE. SECTION. 
275-187 265 
276-258 60-2 
192 281 
433 481 
434 483-485 
72 70 
53-72-73 22-70-73 
74-81-192 76-97-281 
73-258 74-2 
73 75 
193 282 
194 282 
194 283 
194-196 284-289 
195 285 
196 287-288 
197 290 
197 291 
849 
377 
194 282 
377-307 159 
377 
325 
366 344 
379 


1112 GENERAL INDEX. 
PAGE. 
COLD STORAGE) 1,7) xobys' eo 5 sles ahs wie sabe ene caeminee me 375 
COLLECTOR OF LICENSES AND PRIVILEGES...... 187 
FR OIN OVA Fp oi Nw ache sae e ere SUD ae epee Aen tee eee ee 202 
Duties Obes iw bial e o-aias eat) amecnna en ee ie he ce eametcas 277 
M310) is Metre Mee Sn ire y An ote eS oe ee GeO amor Ors 282, 
Moneys -collectedcy 7s. caitnne ee eae mag eee Brae 261 
Sale of fruits, vegetables; ete. «cis asrs ou eats renters 486 
COLLECTION AGENCIES ....... Gale: gasuvetngsteegtus ye SGN Tae 378 
COMBUSTIBLE ARTICLES: 
Coad ZOU Svc ac Ficceeeiea te weenaie) actus a She eRe ee te caaee hee Neer 42-307-377 
PO WOT. No eye. sen he Cena telp sok Rtas Pace ea ese neces 42-481 
SEOTALe OL Mi Ais ye, vile ain laleswis eee otahe uantieh es ategeeencne te Ramer teem 307 
COMMERCIAL; AGENCIES «2:0... Race tcc ine y stp eter 378 
COMMISSION FORM OF GOVERNMENT: 
(See “Board of Commissioners.’’) 
COMMISSIONER OF ACCOUNTS, FINANCE AND : 
REVENUE: 
HROCHIOT 97 05558 vein Sosis's rash eo in own Deel see eee ee 183-200 
Department, classified (7 i% ..2’ces ss ale nes evens eer 186 
SalALY 2 le cers Wpreiary aah aby wae acaba obstinate hehe ait. Ue reenilee veetee 186 
scope Of department. <u asm vecneie ion caters t ouch sere 189 
RemOVia 6 ais vices Scate. are apres Arnal Ciena ay ater eae el ae 202 
COMMISSIONER OF BUILDINGS: 
(See “Building Inspector.) 
COMMISSIONER OF FIRE AND POLICE: 
Department classified) sins screen eget ete eee ae 186 
Hleet rom cosas. oooh eae eres © eauaeac ds Bee een cae 183-200 
Sea lear ye eG er ae wlteeaielge Wis, 5 feta lac etc te ete ge ste OH ae a de ae 186 
Scope of department... 74 ia iokine iments ean 188 
Suspend: offcers) 00) cps seins ahaee tee le eae ate 195 
Military duty—Exempt from...) 5.0.60 s. 00 oe ce 201 


Removal: trom. Office: sss, eh velecs een bee eee eee 202 


SECTION. 


12 
681 et seq. 


4-660 
159 


262-304 
264 
263 
270 
310 


264. 
262-304 
263 


GENERAL INDEX. 1113 


PAGE. SECTION. 

COMMISSIONER OF PUBLIC AFFAIRS AND HEALTH: 

ie See Ne re eS Nay es ox in si Vi w'p > pierce we bp io aad iaete 183-200 262-304 

eter teen ect SS Cd «94-5 is ins ov os ocpisre Nes be 0 186 264 

Ele EE Be Palisa, cu ci's ee ets) si fp incide «a. a\'s b wisest a eer alaatd 186 263 

foe TOON MR MED hares Solos ss Xd ioxs ise vais 6.0 50 ope otoierate’s 202 310 

Ppa MUM LIC ACL Sra 2 dicts nnn sss a om ws daar ad Win woo ea Bie fe 188 267 

SO PMIMMLIS DRE CINCIIG, crocs wc «ie os ss cays dso og eiolalsore 188 267 

SERRE EDC ett haar wig ds 5a oS taal a'x'ese 6's cia avin eee 195 285 
COMMISSIONER OF PUBLIC UTILITIES, GROUNDS 

AND BUILDINGS: 

PEC TIGU MRO einlia Dia sao 0ie oC ot soe POO Sr i ee ee 183-200 262-304 

PCT UCM bee LL SRILCC ae 2 ioc s Ws pu ke dates vice! sie's 0 608 186 264 

SO 4 ae ROR RP 186 263 

re em Eerie WHAT CITUEN Gorey one) sp l> sais o\0 eels 0) ai yhe, nies ae 189 271 
COMMISSIONER OF STREETS, BRIDGES AND 

SEWERS: 

aT RMP Toei gta Sats ss Sh esis Sa silos a a ohh eave es Os 183-200 262-304 

Sra EIR CH CLABSINEC as ccty 205 sisiFcn «0's s oles ees Ses eis 186 264 

SO MM pT hie ALG a autnces 186 263 

BCU MCmr Im CODALLIMNOM Ua cherie y <) vied divine eS oie we ewes 188 269 

eR TOMI ERs ght asec efecto ths wy oe 8s S38 whee Sa a 195 285 

UC UIMOD DNS ot RA NS) 5 Sn ee ee 202 310 
COMMITTEES—Mayor :to appoint..............5.06- 368 350 
COMMUNICABLE DISEASE HOSPITAL.............. 46-128-129 8-158 
CONCEALED WEAPONS—To carry................ 479 654 
og HSIN eB) sR ea Rt oc 375 
Pon Greek CONSTRUCTION 2.8 eos. nes 606 1040 et seq. 
Poy urNNA TION OF PROPERTY . 2... 2.0% sence vis 208-443 327-513 
Mt POE LNAIN OLS eG yitis hrs te oe a a ste eh eae ae 840 Art. 81 
CONTAGIOUS DISEASE: 

Remove: persons to Dospital.. . oi. sty sae cece 314 181 

MICELI CO La LOT I gis), aces 5c 4 a¥s «ofa plein a eve pelare’ 319 191 

SCRUM OG TOBE Sarg rss Mitt si iece tien fe, ole sie ies ecw aa» 352-353 298-304 


Me CNERBOMP TRG CMC Une alec a yn fy «aim wi'os'sis. 8 9a, site ws tka ne oe 352 298 


1114 GENERAL INDEX. 


CONTAGIOUS DISEASE— (Continued) 


Death from to be reported..................04.. 
Railroads. and vessels ‘to: reporter... oss caus eed 
Hotels and boarding houses to report............ 
Persons or articles from district.........¢....0..4% 
Person. not: to be removed—When...........:.0.% 
CONTRACTS: 
Advertisement—When and how ...........%...% 
A WATO, OES FE ea oo ratte wieciaie aia Sete atietelia eth ce PR Ee cee renee 
Board tO 581gn oc,500 hese is wile wi scene die teen Lees 
Ma yor: to :sion casi et aaa nee es See ear as 
With railroads—Have effect of ordinance.......... 
For public work—Conditions........... Sincoetaabetee 
Council members not to become interested in...... 
Disburseménts—How * made i. 50). o40 sureties 
Officers not to contract with relatives............ 
BY WHOM Approved iy uo. weism eis haces ane en stay rene anne 
1% conform 60 (aeb ies ne i eale en pentane ane As): 
Authorize rejection for inferior material.......... 
Forfeiture: clause: 7 (i icx' cs, sine eerie Oe ee, rks tees 
Limit.liability: to! department wos) oui coos wee ee 
Street paving ow se whens cede ihe Ah eeaneenre 
Rents——How applied wanes ac dhe ed a are ereenie 
Power. to. appropriate’ funds s..); Seva cieus nee oa eee | 


CONTRACTS—WITH FIRMS. AND CORPORATIONS: 


(See also under head of each respective firm or corpo- 
ration for complete index.) 


Artesian Watery C0,c5. ah ras uae ree rte eee uueanats 
American District TeleprapheCor eG cana eee 
Barron: Gollier = Cosas orca techie tays net ate eg eA ee 
Benedict; Warren: Davidson (00; >. 70 ope 
Clarksdale, Covington & Oollierville Interurban 


Read lay. SG Oe neh tira arcana mate an tates ok ee tere eas Rear 


Cook Brewime Cor on yeni ee ae ies aaron 


55-63-198 
64 

198 
PGi Roe Le ip 
500 
650 
49-63 
54 

58 

' 63 
465 
466 
466 
466 
434 
467 

65 


1088 


1090 


1090 
872 


849 
1066 


SECTION. 


299 
304 
303 
306 
310 


24-45-294 
| 45 
295 
68-293 
vz 
1102 
14-45 
23 

29 

45 

584 
585 
586 
587 
487 
588 

49 


1333 


Art. 83 


GENERAL INDEX. 1115 


PAGE. SECTION. 
CONTRACTS—WITH FIRMS AND CORPORATIONS— 
(Continued). (See also under head of each respect- 
ive firm or corporation for complete index.) 

Perera MADAM Has It, CO Bic acy Xa a cletels the Sk So leiale 1081 
loth ES? ot) ape wa Sig ide O70 Re ea OR 1082 
Chesapeake, Ohio & Southwestern R. R. Co......... 1082-1083 
Dae RC Riera EIN fk cide bag ala leieh ach a’s Pacey 1090 
Choctaw MONOMERS 05 6 Se sie wale ai 06 bias ead 397-1085 
Cnosvawemanoma:& Gulf RR. R. Co... ct. cee ek 1006-1086 
Choctaw, Rock Island & Pacific R. R. Co.......... 1017 
SE are Od Roce 6) Bo ee 398-941-944-1040 
OMe ea we COOPerages COl. te eee we wee 397-1091 
ERE UMIEL LLY Vn OCs ohn sss ops 5) ol 3 4. m0! 35 oe alee wae 1087 
POEM LCL ACG CO. cs. slaw aise om ese wine = 1089-797 
OEE BITS OUT 09 (0 OM ree irae eae 398 
Pee IR OORS Clonal ihiy 6 yo reise as 8 8 vi eleele 8 ees 6 1091 
MPA IAM OCALA De tit kis GOP. so. oes ns 877-1078-1079-1082-1084 
U1 LOST Tre ea ek ON oe SO ea a ee 1079-1086 
PammeonemOund Park Ky Ri) CO. 6c... 6. oie oie os os 1081 
Kansas City) kK. R.. Companies....0.......: 997-1043-1086-1087 
Pe PS pO ST an Os een a ee 895 
Louisville & Nashville R. R. Co........873-1026-1078-1079-1084 
Memphis Asphalt & Paving Co.............+.50- 1050 
Memphis & Charleston (Southern) R, R......... 997-998-1087 
Memphis Street R. R. Extension Co............... 771 
Memphis Street Ry. Co...761 to 777, 792 to 797, 1080-1081 
Memphis, Greenwood & Prospect Park Ry........ 1080 
Memphis Consolidated Gas & Electric Co..........- 816 et seq. 
Memphis Hlectric KR. R. Co... ui se awe eee’ 1081 
Memphis, Paducah & Northern Ry........ Bae es 1083 
Memphis & Little Rock R. R. Co................. 1085 
Mentpnis *haght & Power, Go.) i. aj sieis sy ete ole 1089-809 
Memphis Telephone Co...........-ceseeeseeeees 1089 


POP ON AMBRE OW CPW CC nyaee ial! haa lg alan chi enaie ele tal stv 831 et seq. 


1116 GENERAL INDEX. 


CONTRACTS—WITH FIRMS AND CORPORATIONS— ce 
(Continued). (See also under head of each respect- 
ive firm or corporation for complete index.) 
Mississippi &  Terinessee Ry. os). 6. cco a 6 wets eras 1082 
INS OPE SG. gy ay ncbencaaes hss 864-1023-1043-1047-1078-1079-1088 
Newport News & Miss. Valley Ry. Co............. 1084 
Postal “Telegraph Cosa ic0 st. os oes spe eee : 1090 
Raleigh Springs: Re. Cos. eins. semis eee aes 1082 
Reed”.d¢ Dueekker (ai ict eee ae ee tae Hee 1074 
Sts dh. oa. Ry RO eink ie a ees ates 895-1043-1079-1086 
Shea. Dag ee a.4. oe hceln ate eotyen ra wee i ane ar 1068-1091 
Southern Paving’ & Construction ‘Go... 0.4... 1057 
Strong: &)\ JOMOS i. 85 soe cage ye elegy ote anole Gaeher aye aera aN 1071 
Stemberg \-€o COicvwic ar Nace proiaapersteceeomia: te etre treuranmserrme 1076 
Springfield -&  Memphis® QR.) hs Corio, te. verte ea are 1087 
Southern: Railway Gos csalsieese ok oeecies wane eee ae 1080-1043 
Tennessee, District: Teh. :Gosk.s 8) ic7.) bie teers eee 1040 
Tennessee Midland: Ru Rut Cover ters tte sae were 998-1001 
Lennessee- Southern RoR. Co... 0). carve ereue sees 1083 
Union Railway Co. (Belt Line).878-997-1043-1078-1079-1088-1091 
Walla mig’ Gia COusk heise the tieheuee 9 ee eee earn reer 1091 
CONSTRUCTION: > COMP AN LES (94 i205 n05.0 5 Speco teers 378 
CONTRACTORS—Secure permit to use water......... 506 
COOK “BREWENG, OG)y5 cates esi aia Ee 398 
CONSTRUCTION OF WORDS im) cir tis «thee mera 201-316-328 
COTTON “BUNERS: tpl yak aah... San Pie ierantiae eter ee 379 
COTTON COMPRESSES 2 oca soley eine ees oe onan 379 
COTTON, SHE DVO WiE Lie = ots cacy ee ee 378 
COTTON “PICK BR TES oo) mecoenenrs dpe ass pears © eae eae 379 
COTTON | GENS tat icp reais aiena sera rans see ae rn 379 
COTTON OIL WORKS—Forbidden—Where.......... 518 
COTTON SAMPLE ROOMS—Fire extinguishers...... 486 
COUNCIL— (See “Legislative Council.’’) 
COURT HOUSE—Streets around deeded to county.... 957 


SECTION. 


755-756 


774 
680 


igh oe 


tes » 


GENERAL INDEX. 1117 
PAGE. SECTION. 
RN mths ELT UOT SS acl oat oh cr 52a n'a one: deh cence ord eceile oeees Sar 
SME em Re es Dore 4 oo, 04 2 Sak SG a 0b w boebe cap opthe a 1090 
Br ty em CEL OUR GCC fs pos vid orale vv oss wee meee « Here wese 333 230 
Sioa erONs Ol CO. 6. 6s ol ee ce ee eles One 894 
CRUSSENGrs+—Vehicles left On... 1... eee ecw ewe nes 478 645 
ROW Ds -Collecting On streets 2... cd eee eee 473 622 
eRe ReY SE DC IREOIN LIVEA LISS oi. oe oie eles we sb vse acess sis 471 612 
DAMAGES: 

DU GTSTCE TSU 6 gated tek ere a a Lie anh ee ae 209 325 
DEAD ANIMALS: 

PA CPOCEPULOW ICON) SUTCEL.S . his bee ee ice eee teers 351 296 
Peer Ese I NLETIMENY | ose. eee ee ee eee eee 355 310 
Pe EBs GR DOBCU iis. c - cis.s ive ose es see ttle sa oe 356 313 
TEP 1 Pee ISIN LOTMIONG: hea ns aces eee ne ei oes 358 320 
DEALERS IN SECOND-HAND ARTICLES............ 381 40 
DEA LHe —heports. tO be) Made. . 2... ec ee eee ee vee 356 313 
DEFINITION OF WORDS: 

(See “Construction of Words.) 

DELINQUENT TAXES—(See “Taxes.” ) 
DEPARTMENT OF ACCOUNTS, FINANCE AND REV- 
ENUE—(See “Commissioner of Accounts,” etc.) 
DEPARTMENT OF FIRE AND POLICE: 
(See “Commissioner of Fire and Police.”’) 
DEPARTMENT OF PUBLIC AFFAIRS: 
(See “Commissioner of Public Affairs.’’) 
DEPARTMENT OF PUBLIC UTILITIES, GROUNDS 
AND BUILDINGS—(See “Commissioner of Public 
Utilities,” etc.) 
DEPARTMENT OF STREETS, BRIDGES AND SEW- 
ERS—(See “Commissioner of Streets,” ete.) 
Gel UV LA PLAN GX 6 tert 6r.l. lc p5/> odie hte a OA SEM Das 381 39 
oo SESSILIS 5) 0 7B RS AN, Re RS a eae 381 45 


1118 GENERAL INDEX. 

DIGEST—When.-to be. published 322. os). Ss. aie eae 
DUPH TEE RDA yityh eae ects wictae a en on cece perenne Chae aa 
DIRECTORY < COMPA NEES so cinta me Giee Seena ey tio ae 


DISEASED ANIMALS—(See “Animals.’’) 


DISINTERMENT ‘OR sDEAD BODIES, 2) orea eects 


DISORDERLY HOUSES: 


Right. to. suppress. ce. Cs vine wears lense escent eet 

KReep ing * is ei iitsie ninth oc baste Mae eR aes a eam 
DISTILDERS yaar ey. ee Sean ane ee ares 
DISTURBING ‘RELIGIOUS WORSHEE 2. cannes 
DOGS Unimuzzleds a. soe see Otay keene aes eek 
DOGS—-Ordinanecesregiwlating 2. uae pict eu neon 
DERAINS——House drains ayo) oat ave e re 
DRAINAGE——-Through: private property... 2... sv... 


DRAIN PIPE: 


Lobe kept tree. Ag war etrersi 1 cen reenter 


Construction. cs he a re ee 


- DRAYS: 


License! tO Uy 252, a tecers 0 cates eee ee ees ae eee 
Bond) ‘required oo. 2 tit. ce Fase eles ae eee 


Nam Bers s AE ee ace lon. ip ae ae ee 


DRIVERS: 


Vehicles driven 00: Tight 25.0.4 te ole nee ea eee 


Drive in. walk—_When es: Sloe See eee 


DRIVING. CATTLE ON STREETS, BUC... 5. 2 
DRUGS=—Adulterated oii ne. 2h) nore Wena lee eae mens 


DRUNK: 


Tn public: places. auc remiGarsa sy aed ineh toons Wye anne 
ANNOYING <OPROPS yar Cals as cngiels te keg menee eee 


While: drivittg <4 55) Nw. ce coy wyaeteren ete coment ges 


358 


363 
46-129-209 


326 
326 


459 
459 


460, 


460 
460 
478 
477 


482 


482 
321 


472 
472 
478 


SECTION. 


54 
298 
Si 


319 


8-159-328a 


oa 


.. ae 


GENERAL INDEX. 1119 
PAGE. SECTION. 
Nets DAO TLIIEIN ES soc. eek seed ot Sackewers 381 44 
TORREY se UE)” ALANS LED SA a 382 46 
eae RTM CIE Pes ce yn Gs okie abs, odie d he eetea ae 348 286-290 
Peer teree Pete LV AY CO Se oo cau. oie eo ae ald v tere 1080-1087 
amet VINU BS oe. cece se lees ee bee os 947 
BRAG MOAIG OUC ti. ces. es nen elk wee sae 330 221 
ELECTIONS—CITY : 
SOE STSE cae LOW 1 fo PRO 47 am 
(SUI ee SE or 47 10 
Sito tea rear a rs bal ds cain s) w occ'io (See ee oieia dine wale 48 12 
AYRES IWELS WATS, fore Cy CLO) gc i 48-49-50 12-13-15 
rie Gin OL COUNGIIMION ©... ofs.<d ac o'ere wc ee eee hs 49 13-15 
MeL PCI ate psa Whar aor tare wD Siras/ eo wha nie ers e 0s 50 16 
Bree CRN PUNE 2 ted a ce ons, sly saslie tle #00 6/000 ee of eae 474 628 
POD CICLDEIEe 5 Nenl 2 RAR Ae in ap a ea RS 56 26-27 
MUP GETLET OUCH Gi. 02 6... cts. sistas o's Ge as oles eae 65 
(PN Cer ume GlIGLEN CG) utes oicleic 0's ois e's coe ele waged es 78 80 
OED Are oe eas segs fly <2 eso ne « elm ayoes'o rae 67 
PGT MRC TIS STOMOATA) 2.8% rv. sake. Gace © es 0 acéhe ies tas! « 184 258 
Movoreeuliery COMMISSION LOT? oo. 66.0.2. stenoses 185-186 262-263 
Heads of departments—Under commission........ 186-191 265-277 
Unlawiul to promise employment....../....3...% 197 292 
ELECTRIC LIGHTS—(See ‘‘Memphis Consolidated Gas 
& Elec. Co.’’) 
ELECTRIC LIGHT (GAS) INSPECTOR: 
Election, salary, etc. (See “Gas Inspector.’).... 187 265 
ELECTRIC LIGHT PLANT: 
RRR CLO ACCRUING ciate pce 5 ke ae ia, a\e. 4.5, ¢)e's = 0's ohne slalaierer 43 4-5 
Right, tO issue bonds... . 04. .0 een tee eee eee ns 130 160 
To manufacture and distribute............0.+. 131 161 
ea fete EO FG Pe OO) ee vicste ok dw ose wee a Weta a gas lan + as 382 48 


1120 GENERAL INDEX. 
PAGE. 
ELECTRIC CURRENT—(See “Gas.’’) 

Rates tobe charged. s200G Wren acbanisa tre ene 810-811-832 

Discount) eo, sigh aot ge yee vee ps en ep eee 811 

Rates—Mauntetpa lb ui c a iiss) ered ceeeters eet ne pete 811 

fanip: rene waders <..6 kant om ec ahernl ack SO ene en ame owen 812 

Street. lights 2... : ES Pisigbaet sae Gide) Ne asaDide aoe NOONE 812 
ELECTRIC WIRES: 

Howtos be run: canta oes rats eo eee nbs eereeamene 308 

Dead wires is ni eet aeen iets aetna tts ears eee eee 309 

Darts Ginn 20's iis Biss ata ne ieee ae tate eo ater eee 309 

CHT SW iTS. oe [5 ea cate tern a eel eee ead rea a eee 309 

Work ‘tobe “approved sinc. iin >. oe serene seine 309 

Penalty for violation sii ce cca tates olen state 310-312 

Rules and sregulations so es Ret ayes 310 

Inspection 0... Stk. ein enetann a cee eee rane 310-311 

Alterations ' © 5) ise autre lk cee Shea aaihe serch acuar aes in aes eae 311 
ENGINEER— (See “City Engineer.”) 

ENGINEERING DEPARTMENT: 

Duties €teey os eee ge a ee eee gd ace ee 265 

Da Ors ics i cis ancy fate Wm eae Re Me at ee ene ee 267 
ENGINEERS—STEAM ENGINEERS: 

Theense,.;-qualineation. 2 ebc; ct. coe tae 270 
ENTICING PERSONS: TOSTRA DES wir. scree ee ae 474 
EQUITABLE GAS: TIGHT: CG. @ cies oye eee oe 1078 

(See Memphis Consolidated Gas & Elec. Co.) 
EXCAVATIONS: 

Uneovered: 52 aia niet aie cae arene te ieee ea 479 

For ‘building purposes:23 cesses 551 
lACTORIES: 

Erection prohibited—When i302. cea 40 

SOAP rhs arcane: ois onsatsaaic pete alo adae & ery Metatcamaee atte, 40 
FAGSE-RURE: AGAR IM lie op carn adit ote came eat 473 
VAY 85) OO. oe6 aise! ug eatin tc ihc ota Wie eon occ 1091 


SECTION. 


1258-1260 
1279 


1259 
1261 
1263 
1264 


164 
165 
166 
167 
168 
169-175 - 
170 
172 


30 et seq. 
37 


46 et seq. 
630 


655 
874-875 


624 


GENERAL INDEX. 


PEL ate OV A LORS ecw ee ce das assy aceelee s 


FECAL MATTER: 


Perr PA MEUBECCLT clei c.ctors Sjeie a aValeie a0» 4. 4 die sie ow ease cot 


PIRMDING ei Vio Dp LOCK IN STREETS... 00. ous. cee os 


FEES: 


Inspection of weights and measures.............. 
Inspection of articles not enumerated............ 


EGE CRIES nts tale coves diag Ui aieis's 6 wi csie'e chars 8 ada 


' FENCES: 


Bee ENR TLEID Gelctats cote a x ec shoo es his oid tale ww ee dar g 
POISON Gs, codaleeey Sentient a a ge 


FINES: 


Ribs eRe ie GEVEMED ONS agen ct as) 6 dyes 4 a 4d g'ate cca ales ee 
JUNOT! OLN) YEE TG mie dS es aR 
MEMO TIME DEIG! OVED, GUC. oy oic.e eo ode wllw vee 'el clans o's 


Peete ot = Hit) Weeks Gel. cle sip c Ci s-dslacs’w hs Clee ues eee 


FIRES: 


Blow up buildings ANSE ECORYS (e/a Wiehe Sache) tere wie at 4 
RiParaTMrre TUTE VE fale love ares oie cts saa eins 2 ok es 
ROMER E Ot e VS CLC si20: fe jo asiie pie’ \sile doy sie Fos sais eee oie 
PoE S8L CSW Vhs) OF SAR lr a a a 
BSED MAG CONE LG ONS GE eo 


FIRE ALARM: 


Bier ee MRE Ae whee s fo: cides Ob oR alee ee ee 
Ss fog Bae Nokes 6 0 EA eo as a a PS 
FIRE DEPARTMENT BOXES—Interference with.... 


FIRE DISTRICT: 


SoaN INT SMM R ORME in SIRIUS Vee: Soak Sao lel, o 6 ae a oatetytet com 
FIRE DEPARTMENT—(See ‘“‘Police and Fire Dept.”) 
Py CCRIE IT CLO. f peas «ole oS ed wives entitle Uae etikas 


1121 


PAGE. SECTION. 
382 50 
360 325 
481 662 
279 69 
282 72 
382 50 
603 1023 
605 1024 
514 776 

52 20 

94 125 

199 300 
307 157 
307 156 
305 149 
306 154 
589 990 
473-301 624-137 
306-478 153-650 
473 626 
546 858 
540 840 
540 841 
540 842 
65-297 50-51-1156 
65-298-299 551-118-124 


1122 GENERAL INDEX. 


FIRE DEPARTMENT—(Continued) 
(See “Police and Fire Department.”) 
CIVIL BSLV ICS LAG is codec nar eacwtaie elena Weave ela ts ahs aerate ecte 


Classes 


Bond: of Officers 7s sie ho aS sae ne oe oe Oe eee 


eceoeeveevee seer eees ee eee eeeeree ese eee eee ee ere 


Salary 


eceeveeeereoer ee evreaereeeve eves eee ee eee eevee ese eee 


Suspension 


IgG AT eos sso sale eine role ecole ke pede eat mele fe Oona 
Right Of APPeal ma vinio. palaemane sieve S eegne ea eee eee 
Not to interfere in elections........ meine UE orehe Leu ato 
Revenue—Hstimate of 


see eeceeevre eee ee ee eee eee oe oo 


Vacancy—How filled .... 2.6.6. 02 eee ee eee eee 
Elected according to qualifications.:............+. 
Reports 


ore e eee eee ee eeveeeees eee oe eee ese ee eee ee ee 


Money collected 


eee ees eee ere eee ee ee ee ee © © & ooh Oe oo 


Engines 


Ce ee ce} 


Captains 


eocaese ee see ee eee ee ee eo ee we ee Oe eo we oO oe ew ee ww 


Rules governing 


i i ed 


Fire districts 


ee  } 


Watchman on duty 


ocee eee eer ere eee ee eee es eee ee oe 


Reckless driving 


Cr  ,  } 


ASAT Sos pas pet hc os RIL eed ate ere a 


Blow ‘up buildings: tocarrest. fire 2oc.3)- ae ee 


Pensions 
FIRE ESCA PES=—W hen ;requited voc i ect pion a aneeet cs 


FIRE “HX TIN GUISE RS aie. site scrar ene ten leh cael nate oes 
FIRE ‘HOSE Potdrive; 0veriiiniic sc tec ein ot eee 
FIRE LIMITS—Right to establish................... 
FIRE AND POLICE COMMISSIONERS: 
(See “Commissioner of Fire and Police.’’) 
Election, «qttaliieation, Setes2 5. os fom ate tetian aae rare 
Salary. Pad ihe eas ws s Baas eee eee ge ra eae 


Contracts—Not to be interested in............... 


Seat vacated 


Ce i ee ee ] 


PAGE. 


259 
66-74-76 
75-260 

175-260-301 
195 


192 
aay. 
261 
261 
298-300 
299-300 
299 
300 
300 
300 
301 
307 
248-249 


324-583 


53-61 


SECTION. 


51-282 


52-73-74-79 
76-5 
77-6-8-130 
285 

80 

118 

281 

ea 

11 

12 
120-128 
123-127 
125 

126 

126 

129 

137 

157 

1-6 
205-972 


1009 
158 


GENERAL INDEX. 


FIRE AND POLICE COMMISSIONERS— (Continued) 
(See “Commissioner of Fire and Police.”) 
Doe Oe TLOW ri c'aya, 4 6 ale n caje's cco 'c'e Geis wa sam a excte dhe 
UINGTSOREDES So Bele ae a a oa Ea Pen HL Pe 
POveGmsia aes: OTGINANCES 2. i). occ cus coe ee coke woes 
METI OOD sin tarcie’ ai ntare sg. sani yos-« so''s'bie"6 shan ye Hesies se 
PiasiMeone yy WIODCTUNY Pld. i... .ac sees a cle see 
Supervision of paving, drainage, etc............... 
Dieta TOY MAGE Lise oe vee aeseds setae 
Pete MRO OPE DOUCE iii). a clc s delet celbcc feed eele es 


BCL rOtiCees (aNd: 11% SAlATICS . = sec o's ove solves cece ens 


FIRE WORKS: 


POwAIseNaTCe —OLOTALC, CLC... sec ce cee meow 
UES gel a 8 oe EN ICR a a ge 
FISH: 
Peerigee tee KODE CLEA 6... i. o's cee is tee alee 
A ea aon aoe es. Web glia, Po siaras vip deni ge wiv we Cale 
Sone PST 22a A re ok i 0 ae eae a ere 
FISH DOCKS: 
EECA CUR! ac Ae 5 Deeley oar eh ta are Pe on CP 
DMM INS MLE Walk TOLDIGUGN th ccc. ce vee es ones oes 
FISH AND GAME—Vendor’s License................. 
FLAGMEN—Railroad crossings .............e0eee0e: 
aes IS too shige! wae > 2 KG 6 Bale mines & on oda as ‘ 
Rea CTL NON Bassa atone aralel et als ioe shal tha: eiaye Sheol eleva estuary oe 
FOOD: 
POUCA LOR MES iy Wales Chie nce cid «> ole tes a as w/e %h 40 0% nels 
PPOPINICUCGR MANULACTULE: 5-00 oe(a.a.s 0 + wale wie tive Kialeiets « 
Samples to be obtained....).....6..seeccesseers 
ee eee UICOr PLVEI! fen. 2 peas) cane bane se eypeenm er 
Uieound-—Disposition TihaeattreNaietchsusacrih srateiaase tain cota ee 
Diseased cattle, ete......... Pes siahates ween caedet sate i Seeeeke 
BO UNE eG EAI —-DODd is ja\s.0 ves ve ree one gipie go oc 


Ae ea et ON RGIS EMS Seas nc owiehe tis is Fain 9 in thc ney aia iS. 


PAGE. 


41 


1123 


SECTION. 


15 
18 
19 
40 
42 
43 
44 
62 
73 


649-151 


241 


129 
671 


1124 GENERAL INDEX. 
PAGE. 
FORTUNE TELLERS ..........- Sot ee Sea 382 
FORT PICKERING “RAT WAY (OO, 7 ie a tlaepyeats wie 902 
FRANCHISES—How granted ........... fo hte ening a 56-198 
FRONT “FOOT ASSES SIUIGN PUA GT icra vec. otra chute 95-114 
FRUIT STANDS—License, Regulations, ete........... 382-486 
BRIGHTENING HORS IS i25 caters: arta cxctoren ge tea be ete 482 
BUN DING :AGTISi i sane ops tet aiiate ieecetarcs ete pa pa mle ace amenan 205 
BU PUR BS. ter csi aerate weciince ne Yeleter easter lea tn ok ya ene ames ee 383 
GALLOWAY “COAL ACO ey ages ateia te ernigin iunae ances 1079 
(SAILS 3) ig, Zoe i ede phan at kee kai We ah ee ac nig Ce eta 383 
GAMING JHOUSE: conn 1 6 se eo ee ears 3h age ee aN 40 
GAME--Dressed 5 Ob@.) 609s ioe seek vee are etek Ailes nis eae ele 331 
GAME .VENDORS——Licensé “aia alee es eae acivels 395 
GAMBLING=—Saloons~ Sarin, op ale ee ge eee 467 
Devices skepty pecelly vie vie os ones evengin a eas aan 467 
GTN 727%. oc, cho 'e clote tate lel corey al saat i ne a ea Os ei Nae 467 
AO. WEEMOBS iro tas Sarkar i iehe oh aust otome beep sme aneere teas een 467 

' GARBAGE: 

; Mea nition: OL DGPS : Gi. inate state aie earn ene See eee 317 
Boxes; TOP a eects Ate iaec asin eat ieieer et ee ae ee aan 344-346-348 
Delivered: (GO sCatts, 7s see i nee en ioe ek eee 346 
Boxes+—Putting paper .efe. in arts he oe ees 366 
Lhrowing: in! streets, alleys, .6temsagea Gaga cones 481 
Deposiiing kim sewers Jet ee es ves oe ie eee 363 
WA PUSS 32 ER RN Sultanate Wen ei ain a ey kage aarp ager ae 348 
Removal Ot sc tie ha eee ee ee ee 351 

GAA Gr Th oes car dao ear aetel pear en an cet coe eae See eee Oe 372 

GAS: 
Qua lity OF elie Si tie a wranees oe Rh ecu wa tee eens 808-801 
Rate charged=—Discounty cits). pcre sttucnee a iehank 2 eat a 808-797 
Meters Tumisned ici wairs vont gen sik ere re eae arya che ane 801 
Meters  inepecredt (vue age arr Wisco nt, ween: Soe 801-809 
Serviced; Piper ron hay Beale ae eee ema ee ie 801 
Hervice: to.sannexed erritory.0 ese, wae et ee 801 


SECTION. 


55 


26-296 


.130-154 


56-681-686 
665 

314 

57 


589 


188 


275-279-286 


278 
345, 
661-663 
335 
285-286 
297 


1251-5 


1252-1242 


pieiinisisizes.: 


GENERAL INDEX. 1125 


PAGE. SECTION. 
GAS— (Continued) 
Overcharge—Action LORE aNe Wola ical k! 3 ae Hevea donee) Site 802 11 
Pipes—Obstructions cleaned out..........0.000. 804 14 
PUM AE MRR TME RIMS 0 Tra S90 <2 0 do a.e e ocaless ae mee s 805 16 
IAN ARMENIA dee es cies aw Vis See's wave Se a kee ees e's 805 18 
Meters—Charge for inspection..............20005 806 1243-1244 
PINE POSte—— LOL MAMAN 4 5. ae be o's wid epee eee 800 4 
MMTV AEG IE csi elal sit a Vibig cic om es she awaae bigs 800 4 
Meters—To be brought to inspector.............. 806 1245 
Bea tReet LPNS Le. ielo x's cic ss sip fois’ v¥ie oe weld 83 807 1246 
Meters—Tested before used ............eeeeeees 807 1248 
Repair De NO UEGL goa ao «servis. + aims « oie be ov dies 807 1248 
Meters—Defacement of stamp................... 808 1250 
GAS COMPANIES: 
(See “Memphis Consolidated Gas & Elec. Co.”) 
ee Ta a res 6 ie 6.8.8 6 wince le Wein afi'e aaivie.s 516-42 4 
Rate of charge io. .e...... dee e eee eee eee eees 516 782 
a eated PROMI ITAL CNet sole Corsa ices p) 2 we kes eiscan viele a else #6 43 4 
MABE TERED OSes YAIRI A oleh 5 iho oh ald oh els i aieie’ Cad Baceeth 383 59 
RN eee tee ie ths Sia lios 4s lee Ge WS 44-187 6-265 
Office created, compensation, etc.................. 516-808 783-1253 
CEES 0 GRA ARSE Sr area Se 516-809 784-786-787 
PONTE EMT USESE tuxter pitt sits p's cap ule'n) 9,0! ¢) 6, cee aid ie te <'oe ocdl « 517 786 
CSOT os RECS OO ea eee are 517 789 
Binh Aa ee arenes 258 2 
PRT COLIECE RUE) occ Wey eo ois 4 xyes) vies vi aleln es dae we ee 261 12 
ee re VV OT WSC | jose is sles <la's sole ae sie ale ae ee oie 361 329 
GAS PIPES: 
Decarpne Ove "RICO WAL Gis 19)5 50. oe a aes ale elelsie wie ala 505 749 
Ree AWN MER ANIN s Ol ye nico. 5,< sis aie © #00 tfere mate e oe ald G 507 759 
RAL IG IN alii iitisy. ore Sie ew ks vous vse ease eee ree 656 1126 
Pe CIE Ae RO OUIATIONS 0.0. ae eka se seis coir edie bots ale Bate 266 
Pie seluie NeWSPApers i. woe. ge le ee eae 519 794 


Rte Uae inset ER Wi Lid. eate caer. Gus piel s Weta burs om orb me oitie 267 36 


1126 GENERAL INDEX. 


PAGE. 

GRAVES <-PL ACE 2c v's ome Siete wats 6 rm ieee eioieiae ile nero 947 
GUN POWDER—(See “Powder”) .........6--0000ss2> 42 
GUN: 

DO” CATT Y = sav stein sia eo ynie me wey alse otte goatee oc Oke ole bats emer 479-306 

LO {diSChar ee ley occ ay area choke seks ate cae een ee mae 478 
GUN: AND (DOCKS MUTE sai ere gaia s a) ereerana ten eee oeees 384 
GULE COMPRESS CQ incre alate merits het ete even nn eats 899 
GUTTERS: 

Lobe kept: clean. ovo oil wens west eee eee ates o eaeernene 358 

Permit obstructiOn 2 oo series u's aiauw oar eter eee ee 491 
HACKS: 

TACOD SO: yy pcan Fm Chee austenite s meatpoe eM ar eto acy nee 388 

Stands located’... 742.5 5605s owes ani ee eee 462 
HACKMEN: 

Refusal to carry passengers vas. asses ewe Glee eae 518 

Intimidation of other; hackmens\. o.o...0as oe o3 518 

Arrest: for wiolation. 2225s bu.cre 2 «oe eee seen 518 
HACKNEY COACHES: 

License: ‘ton rin<2.c3¢ os sess bee ee eee cece eens 459 

A ofh) 10s Mean ieee rn ees =e pie ry SOP ee Aim g ey hers ig SS. 459 

Stand—W here v0. 2 Gaids oho com mnree peels seers 462 

Violation 3284. oe Oe ee he ee ee eee 462 

Rate of charges. uy iss. te eee oe ek eae ee 463 

Charges tobe: posted oiyi 2.2. 23a ans oslo a doa eats 464 
HARNESS: MAKER—Bond vc vias sca cen ys ce mtes Nara 258 
HEADS OF DEPARTMENTS: 

Hlection ) Of. .s tise seis are eye ee ae arene eee ee 186 
HEALTH DEPARTMENT: 

Board created v.2 eee: see conte aroha eae ee 47 

Under control of “Public Affairs Dept.”........... 185 

Superintendent’: .~ +ssnw ae 1 cates Seen ew ee 187 

Bond “of president:2. oui. sn ac eee ee aes & eis ous 258 

Bond superintendent of garbage ...............--- 258 


Bond superintendent of street sprinkling.......... 258 


SECTION. 


654-153 
650 

60 

1364 


321 
700 


88 
575 


790 
791 
792 


570 
570 
BT4-575 
576 


GENERAL INDEX. 1127 


PAGE. SECTION. 
HEALTH DEPARTMENT— (Continued) 
seme OCS ITIGNCCUOL ta bls a cia su + lade e e.0 eioeh oie eet 258 2 
Tema BCGLOULT Vil ciete Ws a, cv y 5s 078,a ee bide sopetels Gack ae 258 2 
PAGO TRILL ITISPOCUOF «oc a sae cio lsrmcls Gabe ce duan at 258 2 
Ripe MICA LVF OLICETS e./0 cs cc cin kv so were wae swine 258 2 
SoC ME MEV OR ae LL OW rat cals 5.0 co» o,,0\x1 6 ele scien sd wwe Hae 312 176 
eG) Cie LY OL site. clic, ace de oid. as « Sieeie +. oe 3,40 Ai ehe 312 Vis 
Contagious disease of animals............00. 00008 312 178 
eee eet GR OL ete te cis <ood acdsee sv ofall dis ocd e accle wth 313 179 
Cre CM Moe ULIOS A OL! 6c: hiothe sss oic'ace « po vlad d's echo .e 315 183-184 
Mapes DEMO OIOTI OL WOLUS 1) << eters «fo )k,e wwe e's esse cine sare 316 187 
Piedene Cerbiuicaves——ISSued ics ce cee Tented ees 320 196 
Nee CC ITUNES Borovets, 5 ak oe ss 5. ge + she. a: ooleve sve ele ate 321 199 
UT eM IR CUSED igre k's cc 5 s,c st cbc chk a ese eeecc mae 314-354 181-305 
Pe L@MENG = ta-trees) of fence... wac-.sce sc sec ececcss 489 693 
HOSPITAL: 
REO MMNE EPEC Ak coe aia sais once cha eg des eee wa 428-40-128 468-4-158 
Pe OTE eat NS gta es 5030 sss 66 op clea ee «oats 428 469 
POPC A DIE CISOASO. evga cin we ec otis ot a dite oe alee ore 46 9 
Mie AMRIT CAE eA silts oe td's wh oho co dae as oor 129 158b 
Supemmrcnoent, city Wospital. 2. oc sl. seks wee ts 187-258 265 
ert mE LCEL CC Meare) almiaier tw cop cry 6. er ev vise «oe 00. to 0.0% 261 12 
Superintendent—Duties, compensation, etc......... 428 470 
VA Gat CR Mat Lume iat ey aj oad sea bic nareve nfs cc sw as wee ae 429 471 
Clinical materials and instructions.............. 460-431 4-472 
Derr meet OCU etka stcie st t.s alee <0s <lceie(oie mo viel Asors alee 460 5 
GOT EO (Re acer ts isla ers. wie sos. 0 6 ny dha 6: & ene! o'a ns 6. e00in bi nle 460 6 
At NOME O LPS AIT tire a ogous cynics 3 bm cle Hoste.» oftja,e Con 460 7 
UE VOPS eS hi a ee aac yi a ena Pa ur 431 8 
PRETIEIO V CARIDVOEL ICDS cl orets! catia < a acd cask oc eye alas pala ajar 430 9 
Physicians—Malpractice .......ceccesercnecscses 431 472 
Macamoted—-t10w SCG i ii o8 < u/s wisn s ore eles en leone 432 475 
Nurse—Head and subordinates.............+.... 432 478 


UG IMICCT R= DU YIOS a stil clel eters Sales ts aa'e wavele's seis sms 433 479 


1128 GENERAL INDEX. ° 


HORSES Unhitched: oi peiic% orien es ema cera: iree ene ereae 
HOUSES OF ILL-FAME: 
To: Keep «Gas. esr cee hE Oe kee eee Pere tap sree cele ehs 
Inmates glisuL ey cree aan peat ALG Poo es 
Street, walking iii ei) bibs s sie Sten vaik wate Pes dhe aso arene 
Minors “entering wins. 5s Sap 8b Sanson seit oon ote 
HOUSE: MOW SR csicgan eo oto orauk, mae ree auc mip hes eee tel Meee ne 
HUCKSTERS: 
Dicense sk Nee Fede his oe, MOE as, Copies witout ate oie oe oars 
Sale of drults, vegetables, ‘ete? ii ieiss tart ee aces 
Crying wares SocG004 2. cn ek eae tee ee ec 
MGA sures: G14. sec cattte iotets ate tee Re EN Dene een teste neem 
Not ‘to\ stopsat any one oplace fx 25 Dal ete aes sree 
HYGEIA STREET CO 
ICE: 


Privilege license 


eccevceceereveeseece sees eee eee eee ee @ 


eeeoeoecerevevrerecereoeev eee ee ee eee ee ee © 


To be weighed 


ececeest?eeeereeeer ee eee eee ee ee ee we oe 


ICE: CREAM —Buatter-@aty c-ceateei aes eee ee eee 
ILLINOIS CENTRAL RAILROAD CO.: 
Rent 


eeceeerceeoereeeoer eer ee eee eee eee eee eee ee we wee 


Tracks on river front 


eeceeeeevee ee ee oe © oe oe © Oo ee oe 


Tracks into Linden Station 


eeeseveececeoeree ee eeee ee ee © 


Tracks across Calhoun street 


eeeeeceer eee ee eee ee ee © 


Tracks across Adams street 


eoeceere eee eee eee eo ew ew 8 


Tracks on Clinton street 


eecevoereeeevreeee eee ee ee © wo 


Tracks rear Williams & Co. mill 


Tracks*on Georgia street. + 5)... sere cet ies ween 

Contract of June 21, 1880 
INDECENT DRESS ... 0.0.6.6. eee eee cece ee tees 
INDECENT EXPOSURE OF PERSON.............. 
INFECTIOUS DISEASE—Remove to hospital 
IMPROVEMENT ACT 

(See “Front Foot Assessment <Act.’’) 


IMPROVEMENT BONDS 


oeeeeeer eee eee ee ee we ee 


eo eee eee we ee ee ee we ew wee ee ew ee 


eecereee eee ew ee ® eee ee ee ee ee & 


469 
587-588 


384-487 
486 

488 

488 

488 
1091 


384 


514 
333-334 


i by 


SECTION. 
. 643 


62-681 
681-690 
687 

688 

689 


64 
777 
233-234 


1310 
1374 
1376 
1377 
1379 


156a 


GENERAL INDEX. 


INNER FIRE DISTRICT—(See ‘Fire District.’’) 
INSPECTORS: 


ECP. 2 Ree ee Pa ee Aah Nica ec fe%apa) saree eae ana Ae 
Sanitary—Powers to appoint... .0....... cece eae 
Peete MME EEMS RE ERIC arn 00 Pat cle) « moe ounce ¢ v's el viele ate ahs ela ae 
Ry eigucse ald Mmensures—Bond 9... sea we we le a 
INSPECTOR OF WEIGHTS AND MEASURES........ 
CES Vole WELT a Sire 9 aap lil RR Ra Ea Deen 
Me ott Met RE sy as we voaie is dis oe ccd odo vise ae nes 
SIME PIE BS 5 os ie ious Al ak kx o.g ko aes we 


Nées——Articies not enumerated. +. 5. ..0.. «cece cele s 


ee Pe ON RTM, os as a eee le ce be nae 


INTERMENTS: 


Merete aN  HALLROAD~ COR i vee eee eels ba 


IRON MOUNTAIN RAILWAY CO.: 


Par eeOURRNeNLUCK Y AVENUE. 66 boise ste e's vie geen 
Track in front Southern Biscuit Works.......... 
er Ca UMNO Ven LOO Ue aig sts Xie wie tle v oes hee oe 
Pre rerOL yay SSL SOQ co ee kak eye 
Peete SLO WIN DD PARI ReR. CO... ues bk eet 
eee ISO ICe SEAT. 21555) co. safes w Pa ww ADA mee wei 
EE era et ia WLS es x kit We vee a hee he ee 
een fn ate LE RON G Lease 2 6 8 scre aie oe tb wen web we eee 


JUDGE OF CITY COURT: 
(See “City Court Judge.”) 


RENN RAG STORB—License 5.5.8 2.5 ae bee 
JUNK DEALERS—Regulations ........8... 0.0 eeeee 


PAGE. 


285-42 


1129 


SECTION. 


on F-& OD 


1342 


208 
68 


67 


1130 GENERAL INDEX. 


KANSAS CITY COMPANIES: 
arack ‘on Broadway cxcek «eis hie worse ee ue arene 
Hilmwood* cemetery Wbridgess22is45 9262 ease eae 
KANSAS CITY, FT. SCOTT & MEMPHIS RY.: 
Track into Brown, Heinman & Huntington property 
Track into Tennessee Granite Brick Co........... 
Track «to Southern “Biscuit Works. 5. ee sae 
"Tracks jon Chester wwtteet,, 1. see, Uren ae 
Tracks to “Gult Compress. :Co..i7.) . oe mmo cette 


Tracks into Kansas, Simpson and Florida Avenues 


KEROSENE Storage s08 :2a)45 eclee pass cee ea ae 
KIPES L102 AY es vice Rees ere werk ie a le eee ee 
KODAK SUPPLIES License o.25.. sere eee es ee 


LAUNDRIES——Dicense 7. ecswes baie 5 eins erie eee 


LAWO COAL C0e ee on eee 


LEN (BROS? | RORVATOR faceless cone eae ieee 

LEGISLATIVE COUNCIL: 
Qualification, .eleetion ete,” . 00 sau sme enseee eee 
Board judge: of election .."..% 5.25.1 ohh ees oe eee 
Induction: into: office Anise tice oA eee ee 
Vacancies—BHow: ‘filled «05 an. see ae on eres 
Meetings © ca dirs aa: eats ea let cepa: sonal owen amon eer anesaies 
Powers Of fick occ wate on ea eee eee 
Fines—-Compensation: -4. 04 cays eee eis eis eis aks 
Elect city: Officers. 2 vic. 25 sere ae ks Se et ae 
Tak rate-——10! fixok saci seek ve ewe ee aie ieee ve 
Tax—-Deliniquent: i a cic ss a.ae ores caer Tate nae eats 
GONCPACTS sym Fate Cals ete de wae a ood ge Rlome sien aimee sen ee 
Franchises—-Hoyw'; gramted®.< 2.) sa, fie eem owiehe ee 


ACCOUNTANTS cKhey seein ele Ver sce eine eee ee ee ee ae 


PAGE. 


997 


56 


SECTION. 


10-11-17 
13 


GENERAL INDEX. 1131 


PAGE. SECTION. 
LEGISLATIVE COUNCIL— (Continued) 
PONS, odd cn eee Ne or Le ladder Ate ea 53-60 22-35 
MavOrena Vv DE“TEMOVED w2s0n2dsea vd bcs dea anes fae 66 
BPE MESA ONUCSLC( © 6 a'x x «oS aw elsl's ol Od ld Ech gale ae (e 67 
Pie ERO MECEMCOLIICOTS tg ate afsi are skies ctatermet ed eka aad aa oe 74 73-74 
Specialy ofncers—Appointment. +... 00.55.60. cen ws 75 75 
Seem OC LS end gt aris asi ce! a aoe cal Sm eles art al eierale 75 (hi 
PRO IGtem IME AB BEOSINENUS, Sei cc «sis wens ge aim Wassre a maces 76 78 
Oileers—Appomtment Of .......tceesenecnveces= 262 14 
Mean EL INI hohe cinls oie ai cia alee eC afel'c Saw Wd 367 
I PETE VOLS Oly ely Sins digg. ae oe) w io hee aivele ta dieg o/h 9m 954 
LICENSES—(See ‘“Privileges.’’) 
Saree ete TAC Wi WAL On corn a cowie 0/658 os © on os a urate 396 368 
PR OMIMRIIECTO Vio, cCOLUS, CLC. is % icles oles o's ere 6 60 daw ena 459 570 | 
Betarerevror GACH DUSINESSs 2 ou. 6. ee ces acc oN wee wee 396 369 
eR Me ene ahaa is asics > te « ia.e aie! ect aie acs oy 396 370 
LICENSE COLLECTOR: 
(See “Collector of Licenses and Privileges.”) 
LIGHTS—(See “Gas and Electricity”)................ 812 1264 
RMN LEM tale abet ieee nig''e (olor iota oe 6 oie ch etn thele Ssipus 838 1296 
RPM ATAEMS UL COL! 6 5G incline ciclo te !s eters claro te 026 ease plein she's 838 1296 
Ea CUe RMU IMT G Nie cy ooo a!6 six 6.0 6 lope 0.0 nye te hs a me oO OWA 479 655 
LIGHT AND POWER PLANT: 
(See “Electric Light and Power Plant.”) 
MeN G GOMPANIES: foc. reece ede Sees es ener 385 72 
Sree ROD DMALERS os oc. oso ol erent viele co coe 385 71 
Dive AND GHEMENT—License 2... 00... cece ce esees 392 ik 
re MAINA DON Saco ec oo aie eae 's whe so ole cota a © wimee ste 905 Art. 89 
LIQUOR DEALERS: 
eee eRe ig! stets erode aia! n'a lou wlalah tte ‘erate, clal'e widtelgc’ 386 15 
er OOo ret ee oss. cpx a yam o = 8 ws 50 go sieve 4 Oyen memo ak 386 76-77 
RNA MGA ee iol ee vay ecgy-ccw op shoe a dee ae wie wets tied erie’d » 385 73 
LIQUORS: 
BO AMC AEES gir. sls px 'scan § 4c kD a'ets oe pale ew aees 456 561 


Sold—Less than quarts..........-.2seeseerceeens 456 563 


1132 GENERAL INDEX. 


LIQUORS— (Continued) 
Stock ton ander. So Meh eet ae mR haan ee rise 
Soldvon ‘Sunday... tees eee eee une ke eer en he ee 
Sold on election day..... 6... .cee eee e eee ee ee eees 
old <aiter, midnight. i i000 wee wee ele wee eee ee er 
License posted ets i.'s aks Ciuee a ire week oe ee eee 


Restaurants ?selling Gee. cs es cucee ath oowpharne 
DOAN AGEN DS iene sas settee see mee Matancera hen ‘ 


LODGING HOUSE: 


Construction: of term i cae eee Oe an eee ee 


LOUISVILLE & NASHVILLE RAILROAD ee tay, Beh 
Track into Lawo Coal Co. VATS Ee sak ation oes 
Track into Auction ;Bq UATE ean Gee. ee te ee 
Track. into Linden Station si. . aes pee pee 
Track into Galloway Coal Co.’s yards............ 
Track across’ Concord street, ‘ete... 7.4. een wee 
Track, across High Metreet. ih piss neces eee 
Track: across, Third. streepich ai hs gaa Annee 
Track on Trezevant and Clinton streets.......... 
Track on, srOne > BUTE bor we erate ee eae ee ae 


SUD WAYS 5 aie optus svayeily. Chaba Gye Benne aaa Rea Nie eee ee eee 


LUMBER YARDS: 
Where not to "establish 24a vice cy ee wee oats arenes 
Stock limited! se Pee sy ee nea ees are Mee 


MAIN STREET—Regulating use of...............00. 


MARBLE DEALERS Setcate pra un nnnaa nen 


MANUFACTURERS OF PATENT MEDICINE........ 


PAGE. 


457 


387 


387 


SECTION. 


563 
566-596 
566 


189 


1335 


aries 7 P 
arias Tale Ne ‘ 
ae ieictah Mi acs 


Cag Sar Ret ay Sk ioe Naan pepe oy 


pole aS Pil sd ws Wie amlez 


GENERAL INDEX. 


MARKET: 
Perea PURE Gy 3c, 5 5's Gneiy Users ie Sie tne he eee arene eee 
Seer) Wer AUP PILGG © + x (nin, s 5c 2 w'e'c ea dep ee dua we ihe 


MARKET HOUSE: 
Established 


ore eevee ee ee eee er eee see eee eee ee eee eee 


SASS) SF Fei, 8 6 © 19, SF @ 8 © ©) 0. 0) 8 (.¢' 0; G0) 6) Ol O18 © © OOO 6) 0) 6, 6i.0 0 


MARKET MASTER: 
BsOMAROAOTY. OLCS Cs dis. isk asc hee eye make 


Bond 


osoeceteree eee eee eee eee sree ees ee es eevreeeeseee eee 


ea ERIM SS Ce, Goel cg "G6 1a. 3.920 niglle ood tavatecw a, of eters 

SR MASE CE: Avatar cs P5 5145 0in sho aie) <a) «16 Amo: olde ib ol oo aaa s 
MARRIAGES: 

POs DEW IMALC. Sosa alick «oe dmond dane dame ad 
MASKED BALL—(See “Public Ball.’’) 
DMA VAHAN ULL a ea y nh os Sega nce neaa a eeheas 
MAYOR: 

Election and qualification PORT EEN Ce CIR TS CRIN CE 


Election under “Commission Form” ..2....2.35.%.- 


Dae ets) ee 6 coli © 60 .0i,5)'s, ob 6 Ye 6; © 6 6); 9-0) 6 14 M6) 6 STO. @' 6 8 60) oa) @ 


eee © OININIBSIOM. HOTIN.: 2 ar os anes teeta nts 
Pia tererel TL SE OW EES: Siiriis Ghee, calc Gee's Mes, elnie ter wow Stokes erage 
oRE CUAL NTS USA 9 (oe to ol er ee ES Real ae 7 ara ts 
niet of police, subordinate 10. i... si dese e oes ee 
Patrolmen—May* suspend, x. 6... cc de entie ee tans 
Vacancy—How filled .....-.-. esse eee eee eee 


MECC CBU IU CF 0c 02 <i 8s soe Kin tA peop siedy ow at susie t 


444 
445-450 
446-451 

447 


187 
258-444 
261 


445-448-449 


448 
448 


69 
185-187 
262-71-72 
54-70 

66 

75 

69 

69-70 

70 


1133 


SECTION. 


518 
520-537 
522-543 
526 

» 588 


519-536 
- 528 
528 
545 


314 


38-59-304 
262 

2 

59 
263-266 


15 et seq.-68 


22-61 


76 
59 
60-63 
60 


1134 GENERAL INDEX. 


PAGE. 
MAYOR—(Continued) 
Officers-—May ap point\< aw .ie fac wis ale oases relat oe 70 
Oath sor, office. cicaie te acl aim th dhe ooeere ange re v1 
FVOMOVAL Flic hers tetese eee teeta ete mie lee auto te ats ene fai 
HlSCtION CONTEST: mc. ara) Naciopesclerepae ssteinaacs mere art w aede fel 
Absence’ 0f---W ho: Acts: case Mas ecccs ees aad aby cigs 192-71 
Bonds-T0. Sigs eas os eo eas See Coe eee 197 
Contractts——-10S19n 4s Pos ces os wate see eninanetrte 197 
MEAT: 
CONSUPUCHION OF COLIN. 05, “sues. ick agence aera ee eens Seahe prenenee 319 
Tnsamiter y 2728s so ok ha eeatn mucede ee oth sue are ame ree 330-455 
INSPECLION LANE G ee tehesa dee ye beleteae Sileleewnta wnat ccerate ema 331 
Game, SDOULERY,: CLG conse: seta lerace: apsudee ey canes aaa a Memon aL Sat 
Compound ed. roc ix ce fensacade Reem arate > Weeds sate berets 332 
Premises kept Clea mcats tn 2 ca ee ere hea 334 
Reirigera tors s\. 2 5s aire eee wer ea ee hie Ai eee 335 
Sale on sidewalks forbidden...... eee t eee eens cence 340 
Tainted—Disposition sreileiotel sha. ote gus Wie peeustene as termes selRe ars 454 
Market. district’. ..cschieob ice eerie oe metensene 451 
MEAT INSPECTOR: 
Hlection,: Salary, ceveig 2\. 4% ws.bee ne ete oie ne eee 187-453-455 
PSO ce Sse oie os Cala ca cee aera Ne teal wc eae 258-453 
Diaties ii hae ie eee Oy We eo tee tele ban Cornea ale ate 334-454-455 
OFENCE CLEA TOON x soiccais ie. 0.00 we ites whaeretote Bien Mee eee eee 453 
OOS = rsh ie Shar fe tea ne Ba Eade hes tee te ets Satna sg ts rina Oh nies 456 
Perm vot “Ole ces. % site eee eae et Ge eee 456 
07) MPacanearanian nice Soins WNC mee CP ar eet a e pate ALN ie 453 
MEDICAL STAFF—City hospital ................... 429 
MEMPHIS ASPHALT AND PAVING CO............ 1050 
MEMPHIS ARTESIAN WATER DEPT.: 
(See “Water Department.”) 
MEMPHIS: VBAG. CO ss, 58 cieie te acest: sete te a sials wins are ceetees 871 


MEMPHIS CITY SCHOOLS: 
(See “Board of Education.’) 


SECTION. — 


62 
64 
66 


220-558 
224 
225 
226 
238 
239 
261 
553-554 
543 


265-550 
2-551 


235-236-553 


549 


GENERAL INDEX. 


PAGE 
Sener reemet Dont A TW AY * CO. in. crceess ec ne ents 1080 
MEMPHIS CONSOLIDATED GAS & ELECTRIC CO: 
ousoiidation—Conditions | i. .csscdes este ssc aie 816-797 
Pe SECOR OLS ou 2's. ex ow sis vin Heels vara Pas eae 797-799-806-818 
LL Yn OL satis ey lok na besten ew ees 801 
NPE RICO CO! CLUY - o s-u1e vs O90 Cases et ctatardarrn abet care 805 
Seem EMCUsULe: WAINTAINEd sii sc ws « Hueees vigie elo are sa 806 
merctarte=--Action for 1...) i:.sice ec ee cae an ewes 802 
BRM MORES SES SChs) 5. 2s 5, Tessie iw Wo hy or ote eee eins Seed axe GR a 800 
PO ME ATL ADL ae shoo ard allel tc hd me Gases grant Geena shar 800 
Pipes—Service pipe furnished................200. 801 
Pipes—Obstructions cleaned out ..............5.-- 804 
ierere-—-*Hurnished, 606... sce ob be wales older 801-805-806 
Meters—Inspection of and fee............eenecese 801-806-807 
Meters—Brought to inspector’s office........ Ree e 806 
Meters—Duties of inspector...............-ee00. 807 
EIDE aie een ot. hak) «aie 6 oe alae he eee Dh 807 
Pipers bP CCSe LOr- Leste i ee dae ew te oe wees 807 
mAnnexed territory—Service to .......'0...0...06. 801 
Statement of PIAS RCI cet gah poy, <Fatdns, aotg rasa et tte ena 802 
SEDO TSI Mier te eee deiiee. 8 Dsl walle, y= esis ese g, HOw ree oe 802 
PeeulatOrsa— May —INStalle Sy oak. 5s 42 ieie s ae aieke nea. 804 
Pear ELV TAY) -PUTCRASE o., 5 o'sj0/ 4 dte--! bie s ofe,bscnloraa a 805 
Spur track rear Williams :& Co.’s mill............ 1078 
MEMPHIS & CHARLESTON RAILWAY CO........... 1087-997 
eM is BURCTRIC RAILWAY CO... 2. cij02. ec 1081 
MEMPHIS, GREENWOOD & PROSPECT PARK RY... 1080 
MEMPHIS LIGHT & POWER CO.: 
TE TAU INORG MME RNY cra 4, c/<Falelatn'e) sie: «ts! o/c «wie mpegs late ta ote GER 809 
ee Oe yan lta. 6 Guha roite os 2% se. oe PCAs ceuke bik asehece Ts seta ene 810-811 
Lamp renewals MENON rcder ideation hm + jade hein te mle ae ee 812 
ae tema NISC = Cliyrs .'..4-. 5 ack ea aethakoes Meret alee eeek tee 812 


1135 


SECTION. 


1272-1242 
1242-1274 
5 

16 


14 
6-18-1248 


6-1243-1244 


1245 
1247 
1248 
1248 
8 

10 
13 
14 
19 


1256 
1258-1262 
1263 
1264 
1265-1266 


1136 - GENERAL INDEX. 
PAGE 
MEMPHIS LIGHT AND POWER CO—(Continued) 
Conduit istrict. sje wwksntes cts wine aoe eee eae ie 813 
Reservation: Of powers: DY (ClUVs 4a coe pe eee 815 
Memoranda “CONUPACTS 25 crate 6 as mLaaee eaten ee ook 1089 
MEMPHIS, "PADUCAH: & NORTHERN RY oy 0.5 sie. 1082-1083 
MEMPHIS “PAVING 96.1 We OOlsray. iach mite ine eke nee 1079 
MEMPHIS POWER CO.: 
Hranehise rights: eter cn. rece cs oh ee eee 831 
FRA EO RS eee ara lee kee We emcee eae ets Cea eR Sie 832-837 
Uses -£6rpowen? cSt aws win sao eg ern eee an ae 832 
Lamps furnished free..... NA OaiCe Saag 833 
Meters furnished ‘and inspected: o2.5 40 ts a oS 833-836 
Conduit, Gistriet: ns tr tris moteur cate). Srelpt es ecru > ea ae 834 
Streets..replaced im CONdIION Ns x. 1 cee tie ae ee ae 834 
Damages—-bia ble fOr 12°28. cciscs we oscs sive se ee ay hota eee 834 
Smoke. cOnNSUMETS- 238, abe escalation ase ee 834 
Posts—Steel, cedar, oh CnaMei IR Sa TE Ae as RS Sac 834 
Service—To--extend-—Wihen ). og:cve so 5 Scie sears 835 
Plant—Option=to. purchase. i. sank es 1 eee 835 
Pipes ‘torproperty: times os ese iets sare eet 837 
Morfenture =p. o5. tte ae toa ee etm coals ony nena ak ee 838 
Lights:on (Main-street 5.0 ious ecu. cate og ote wieiooe are wae ee 838 
MEMPHIS RAILROAD TERMINAL CO.............. 911 
MEMPHIS STREET RAILWAY CO.: 
(See “Railroads,” “Street Railways” and “Contracts.”) 
Fifty-year: franchise e500 2.0.4 scares eee eee eee ety 761 
Union and Jefferson avenue line...........00.464% 767-768 
Tracks on Pauline street and Thomas avenue...... . 768 
Tracks moved. off Second street: i ch iio sete tues 770 
Tracks on- Third street et.al... 6.4.0 20. Connon 770 
Tracks: On Raleigh: avenue ss ctias eae cg 770 
‘Tracks.“on Florida avenues. 2. %2 occ cee el poster 770 
Tracks on Central avenue (neutral strip)........ rage 
Tracks on Poplar avenue (neutral strip).......... 792 


. 


SECTION. 


1267 
1271 


1277 


1279-1291 


1279 
‘1280 
1281-1289 
1282 
1283 
1284 
1284 
1284 
1285 
1286 
1290 
1294 
1296 


GENERAL INDEX. 


1137 


MEMPHIS STREET RAILWAY CO—(Continued) pid 
(See “Railroads,” “Street Railways” and “Con- 
tracts.’’) 
Tracks on Madison avenue (neutral strip)...... 793 
Tracks on Lamar boulevard (neutral strip)...... 796 
BeMePMrEDTCet DTIIPO 0. ae be ws ca we daw Webs e 1087 
PremrObereereet, OTICKC’ oon. avin Gre 0 ou le ok ys 3 sleie he 1087 
DOREeMme Set 3, L885, .. ids cow viene bist wees 1080-1081 
Higne. to carry cotton samples............/0.04: 793 
Street crossings—Conductors to announce........ 797 
Successors to Memphis Street R. R. Extension Co. 777 
MEMPHIS STREET RAILWAY EXTENSION CO.: 
NURI TER MEMES ORS! Be FeLi ose oie ob wt i ave eve (ae eee TZ 
MMMM Reco 84 5. ois 2/4 905 5' wh d. sobs eV 5 ole Glavin, Salts 778 
te lee CMP HON WH: CO... is. ee lee nee cle ces 1089 
MERCHANTS: 
Pe PiCie persons COr CLAM. (oui 40.5 a0 ese olen wie lere 47 4 
Delivery of meat, ete......... By bets pew eae 452 
SeMIPR OCT OT SUNCAY oo) 5 2)a << eee sieiele se © ie aie ef 468 
NE eM Ns Ysa gio! Cie te din shle.-s igi +. #ia/s Ih e8e obs 387-396 
MERCHANTS’ COTTON PRESS & STORAGE CO.... 1086 
BMP IPATLORS (01.2... . 0 cede ccdde enacts 388 
Re eG BROW IRS Sibi ile coe ela w ere na ese 388 
MESSENGER SERVICE—License ...............-4. 387 
METERS—(See “Gas Meters.’) 
Gas and electric installed—When................ 688-813 
Water meters installed—When .............000:. 949 
MILK: 
Maret Or Diaden—— WOON wa ig. vc as 5 aetna we ae 33h 
MLC ke Marner as dink 0s) ehals 9's Kua see win OST Rare ho ORR OOF OOM 
(UES RUE eS ree ere oe a eric cerry, fr 332 
Selling impure milk........... se eee eee eee ee ees 505 
Mille INSPECTOR—Bond ..... 2... 66.60 ces see whee 258 


SECTION. 


86 
86 
84 


1175a & b 


1138 GENERAL INDEX. 


PAGE. SECTION. 
MISDEMEANORS: 

Abusive language io yrs cpanel e oiatotio evens a eats 472 619 
Acts forbidden by ordinance and no penalty pre- 

scribed—Punishment ...... icis 9 Blea Sein ee 515 780 
Advertisements—Offensive ..........0.20eceee bee A471 611 
Animals: 

Dangerous ss ocx.) << Visgscigihn oe eee Sees eee 337-480 247-657 

Regulations? © o3sjcck% wivie peice ee ets geese 337 ~ 247-248 

Cruelty ibO 05. Pu wari aie ieee tk Raa nes cee Age 612 

Overloading i. 3.453 sAinn ashe ek ys te ee 472 613 
INSTIOS 2. iaicceos ets Raatem ale ceee ak ote Bato ees Pecan a ace eee 350-306 294-155 
Assault and battery ys senses Seraieancys ce usenet ene 472 618 
Automobile ordinances—Violation of.............. AT5 634 
Awnings—N ot ;allowed—-W here.) ic. a0. oa stent 511 768 
Balloons—— 0 “ly. 7s sa vis cathe 19-8 eeepc oe tar 479 649 
Baseball—To play on Sunday................00. 482 

Lo playon-streets:. 02. sia. 2 kare oni nanee 482 667 
Bedding—Not to sell—When...........+e0eeeee 365 342. 
Beer wagon—Sunday. driving. 2). 24.5.0. a aos see 468 "5098 
Benzine—-Storage of), s.7. vc ..'c vee einen teers eee 307 159 
Bieycle—Wiaithout. lantern 0.0.5 soe arene 478 647 
Billiards—Sunday “playing i...) seca oe ey 468 599 
Boarding: houses 3.3. ewe, bee eee eee ee 325 207 
Boilers—Not Anspected ios ss aslen Gree eee 269 43 
Bowie: knife—Toearry (i vy as ee eee 479 654 
Buildings: 

To ‘tear sdown «placards case deers s mice tere 322 200 

OVETCTOW OEE ieee Acie se tots te cn otc nees Ca mere ote 324 203 

Dangerous es cos aianoe a ccace oneal ee eeornmemere sana ames 480 656 

HIXCAVATIONG): /wiie so # V0.4) «a coke eee eee ane ieee 489 696 

Engineer “to-pive street. lime: csc cn essen 491 699 

Lo: build without-permitv uso) ene eee 503 741 
Butter=-Adulterated (vies ne sie an eee ee 336 | 244 
Burglars’ tools—To possess \. 242 .c2 ieee tea oe 467 - 593 


GENERAL INDEX. 1139 


PAGE. SECTION. 
MISDEMEANORS— (Continued) 
Cattle—Driving on streets.............. se ceeees 482 669 
Candle or lamp—To use in stables............... 306 152 
Careass—To throw in public places............... 502 739 
Se mateee AUMUILELALGG 5. 2... sss a cea d bed eiome ess 336 244 
EME USHUALALY- wo yo 0% 0.3 p08 Aas tele tie tides ss 364 338 
gh 3 92 BS TES OA ame sear kde Pre ime 366 344 
fereeermEeClOowds iN StreetS....issuss.scdsbeesncs 473 622 
Combustible articles—Storage of................. 307 159 
RAE EV CATIONG 52. wn le sin-c oe aie os te oa cites 479 654 
aM SIRE ULISCR EGS. Ue fs ook dc do ots aude deve te cok 314-354 181 
Contractors—Wages, pay, etc........s..eeeeeeuee 650 1103 
Siren PIreceXtINGUISNETS: . oo. bk. ko ete eee 486 680 
Crossings—Leave vehicles across..........0...+.0% 478 645 
Crowue——Collecting on streets.....,....2022000. 473 622 
MON RIMINI N OT, DATE f.. «6.6: 5 cis av no occ oiaiccelo gies 511 vy a 
SCRE YG teRee' SS hh te Ss dens Bo clavwiae a lereipret sts 479 654 
Pe IOUS OL Ge) 5.50 eepe. oo 2 4c seed nei ale eee sles ore 473 | 621 
Disturging religious worship. .......0+00.85e+ 08 473 623 
MERRILY. Sate wicca as We 9! 0) nv sce =, «Smee «9 taal ee ow 482 668 
Drinks—Given in dangerous Cases...........2505. 336 243 
Pr eee LIM OUDC. PIACE. So. .)5.s). eens sclecciecs fas 'g He 472 614 
RMT PO OCUETHY 33.2.5 Ao:k-opes 2 ele ham ute wre 472 615 
MIISRLEROLEA WITS 0 le 09 Ocopecece pdrniace= § cytes weiit = ale eos 478 644 
Elections—Interference Withies, Mane wetness res 474 628 
Pilecerice Wike. CONStIuctiON?.... 0.5... 6 ce cin eines 308-312 164-175 
Entering premises for unlawful purposes.......... 505 752 
Enticing persons to trade .......-..eseeeeeeeeee 474 630 
Failure to maintain railway tracks.............. 500 730-731 
Feeding stock in street..........ee see e eee eeeees 481 662 
Fence—Wood fence near street.......-.. Mupusiye| 958 
RCMELIL GIS OM Pe Seorate tp. oicyr' sow 6. ¥'w io yit''s Aiceal opel Cacao e 489 693 
Filth—Throwing on ground.............+++++++ 362 332 


ROI P RT ECT ieee IRC foe hs es sors oie 0 2 olshare 60% ais leje > 473 624 


1140 GENERAL INDEX. 


PAGE. SECTION. 
MISDEMEANORS— (Continued) j 
Fire Arms--To, discharge sci) et gece sini tas cones ee 306-478 153-650 
Fire: Boxes——Interference With G:eitss + cue sarcoete iene 473 626 
Fire Extinguishers—Cotton Rooms .............. 486 680 
Fire hose-—Le. drive over i.20 ie a eee 307 PADS 
Fires—In streets, alleys, ete.) oi. 25.2. were i 305 150 
Kind lune* swe Oil so tea tace, ns woe noes uate ene 306% 33 154 
Burn Ow Chime ys s Wo. crs sets cles eins eee 307 156 
Fireworks—=-V0 ‘set: :Off).). wc sctesiscase ho sooia aisle aimee 306-479 +151-649 
Fines—Punishment for misdemeanors when no spe- 
cifie penalty is: provided: 44 fu8 spon vom arue ‘B15 780 
Wish: docks=-Moored. <5 (ik w iy pinwcess oscsce-p sates telnet eee 335 241 
Fish—Sold at certain points..........+....+- Vea 4G OBDsaeO 242-261 
Fruit-—Sale Of; eben! oi singieeike wes tends ane pr eee 486 681-690 
Gambling-—Po = witness: cs" eu iis on ete i ee ree 467 | 592 
Gambling saloons—To keep. ..i 0... 000.2 eet ees 467 589 
Gaming--HOr “a elivIle on cts qie eae. ce ieee aura ne 467 590-591 
Garbage oii chic. Pore eles are aan eer Ener ae 350-481 293-661-663 
Garbage:.boxes——Puttinig, paper: 10.2%. 4 .qam ast eeennis 366 345. 
Gas pipes—How laid, etc-—Failure .............. 506 756b 
Gas works-—Regulations: (3. Swain. eine ee ss 341 266 
Gas ‘ordinance—Violation OF mies et. id vive chee 517-809 789-1255. 
Girlg——Selling > newspaperg..:7 0 eet, asta ieet ein DL 794 
Grass, weeds, etc.—On. sidewalk................. 481 664 
Gun—Garry Ime donated ‘sis crock uteche ag oiecs enema eee 479 654 
Gun—To discharges) asin cae a oe ee ON ere 306 153 
Hackmen'’s istrikest yc: 2580 38 teow orteien neni danas 518-519 790-793 
Hackney coach—Violation of ordinance............ 462-465. 576-583 
Health ordinance—Violation of. ............0.0- 312 
Hitching to vtree Ormfence 18, oh a ee 489 693 
Horses. left, “anhitchedite 2 os% cata ace es ne ea ee ore 478 643 
House of ill-fame: 
POO KCGP W505 te tans ace etc eer pe ue ee hae fais as aoe 468 — 594 
Minors Sentering: i013 ods aim a ae eee ne ee 469 602 


Yavin GOSS ae eS Be yc Ge ee ea 469 605 


GENERAL INDEX. 1141 


PAGE. SECTION. 
MISDEMEANORS—(Continued) 
Huckster ordinance—Violation of ...........40+. 488 690 
See UTGe LO WIG. a5 ods oe arescw pice eves wie oes 514 CCG 
ieGeceits CxpOSuTe Of ‘Person’... Fs... 0.5 seks ee eas 469 604 
Sie EMTS She LD nade sa gare oo dw Pwo eel oa bie 325 208 
Pm UOT USS. OL five «a's ocala weigpaaialotelleiy el ele of 307 159 
License ordinance—Violation of...............20+ 396 370 
Liquors—Sold on Sunday, election day and after ° 
REISE eter? i Shoe tie Scie’ s anklet al ue ee 458-468 566-596 
rrenaunitO -bG«POSsted 2. fies ke oes eee secs nha 459 567 
SeMnIOEE DOL lark ciak an 3) ate ae ee 514 779 
BeeaetonioOs FOTAINANCEs 207). 2s ta Gata geek eve 457 569 
ioterineearqund public places. «0.2% 0%... sek ~- 471 619 
Lumber yards—Storage of lumber—Where........ 308 160-163 
8 Oo EE A eo att 642 
ME ata EMRE T Moors erator 's oib a ois 0's a= #8 erie’ wale yen oes 325 207 
Market house district—To sell within............. 452 544 
Meats—Sold. on sidewalk ..........6ce cece eee nne 340 261 
EEPRIMC Tae Sede t Pochls Goatets ole tis Whiet's 25a efor ae ake 454 553 
PMnOrees ANG? INSANIGALY 2.0 50%. oo osu eden a.) chavs 454-455 554-558 
Meat, vegetables, ete.—Thrown in gutter.......... 449 on) 534 
Oe ttOT. OF OFCINANCEs). 5 das ss ca a0) he, o.sss sete 2s 452 548 
Merchants, etc.—Open on Sunday............... 468 597 
eee E AAITITE (CG VESUs 5) 2 5 chaps vis 0:* 6s, eh vitie ony Whatn 807 1249 
SERGE? SUA INPS OT oc se ece.c ste ejelatecbiage,aieyesel ea ene 808 1250 
EEA OTUGETAUCH. Uo 5% a nko bie oie sine dhe ihe g sporty s oar el antl 336 244 
POMEL ACES iat nvioas wohle Ca! suc 4) +} Deeg Qace eee ere oka 339 259 
POMC ate oh bre, oc Ae mc 4 abpyel 2-9) o (alta ake g) ads age) Meeps 505 753 
Misdemeanor under state lawS.........--++++-+-> 509 763 
Notices posted on buildings: 
PRC DMLIEUET ARO WEL: «5 coi «sess ,t o.4. 4) 0,044 006, al doleuacepejerat's late 322 200 
Nuisances—In vacant lots ..........eeeeeeeeeens 505 748 
Obscene language—To ES a Ui Ne 472 616 


minenana literature——.O circulate: 2 sa06 0 cates eek 0 oe 468 597 


1142 GENERAL INDEX. 


PAGE. SECTION. 
MISDEMEANORS— (Continued) 

Obstructing public grounds, highways, etc......... 502 742 
Oil--To./spill on street: eee oGn a ieee pee 514 778 
SLOTAGe OL sis wei wo evece esis wha tee tecalar chapels Sy anon 307 159 
Opium "SMO sn ys io.) ee rccevatensie coche lactate ate x Seale ea el se 320 197 
Oyster shells—Left. on sidewalks, ete............. 350 291 
Park and parkway rules—Violation of............ 662 1136 
Paupers—-Bringing “into: city 203 oon oe wae ine 519 ve 396 
Petroleum—Storage 10s <.".5 a) cist patentee alert teers a 307 159 
Pistol —Toveanry 22... Es sates ee eee eer 479 654 
TO" discharge: Ly ci. 6-.r terete lo paleres, ineahen se eeeeeae 306 153 
Place of business—Open on Sunday.............. 468 597 
Plumbing ordinance—Violation of................ 400-403-421 378-383-447 
Poisons—To sellers Fh Sais eh ettetetceler sl oe each tacoma 320 197 
To observe TOAV Sis HY Leeda he signs ehoh etetensh oh oeaaeae mele 320 198 
Powder—Magazines for storage ..........+.....% 480 658 
Transportation, etc. ...... Tete hear pAe grie cas G 480 658 
Concedlimm yoo. 2i05 tote tchs Seen Mico ee tere ay ene 480 659 
Confiscation... Ss. sect. ee een ee AAA sab 480 659 
Hactory located=—W heredat keine. sabe een 481 660 
Privies -4.\v. Gada oes ea ee Cee IORTS eee oP ae 324 206 
Prostitutes—In., hotels, ‘ete... Sacck emcee een 513 T75a 
Prow ling 5's cas. nina ues ate el iaigt Fake! Aulgas miste ae eeueetres 505 751 
Public: buildings—Delaeing nc ona. dees Meee sce See 489 695 
Public ball—Permit for ....... Me ihite sy => a wane ee 474 631 
Public, places-—Loiterme in. 24.0.4 oe eee eee. 471 — 610 
Pure food ordinance—Violation................... 334 237 | 

Railroads: 
Speed Winit shade Ss es are eee 478 648 
Hlagmen At CrOssINgs Wo cewek le eee poe 483 ~S OGG 
Gate regulations (ic. Geese sue wea eaet as one ee 483 671 
Obstructing passage to trains ..-............- 484.. 672 
JUMPING “ON SLVAINSy 5a ees ae tal es ee 484 673 


Planks crossings -°2':', oe a.(ocs sete ie ante eee 484 673 


GENERAL INDEX. 1143 


PAGE. SECTION. 
MISDEMEANORS— (Continued) 
Railroads— (Continued) 
MeL OTP CUINIIN Y LINES 0 iach oiu.e ede sd Hd pay ees 484 674 
Bee vereeea nth DTICGeS Sis. .!s | sdre orajsie.ei ereveyesheseis eae 484 675 
Damme WES EG 9 fe fre Ja lare cpg lafo og ayant jake oT tarn once 485 676 
Prettiest Or LOCOMOLIVES® «0.0 <ccte.els ow each wie owt ane 485 677 
Engine standing 60 feet of street............ 485 678 
Peres CATS: NEAT CYOSSING .. . 0c% 0.410 een 66 al 485 679 
Regulations—Violation of ..........-e++.00: 500 728 
Panmure to maintain tracks... /... 5.60. tee é 500 730-731 
Railroad ticket brokers—“Drumming”........... 639 1074-1080 
Railroad ticket brokers—To sell spurious tickets.. 640 1075-1080 
a AMEN ATEN fo oy uo ore oo. 0 aie in oie fe mijore!|e nie oi eliane 477-478 641-646 
pie ee aRE IP PTLERT Dale). ann ob os we whole ww's violaiy wal vlapeiivial et » 472 620 
Saloons—Not to sell—When ...............0000. 458-469 566-601-602 
SPEPMIC TAT OIE SUD Y. » wiv ie reieip os) esstorpye pis or Vics « ahs 468 600 
ETE SE LOUD i pela wooo: olsy 6s aero soln yous wean 469-470 603-608 
MEE TCE Mtl ict theo. dos. caren. 2a Dates wp ite esol ane 470 609 
Sanitary regulations—Violation of .............. 345-364 277-339 
Beavierinon Girt: from Carts. 2 .4 . 2. os ses cte ead nos 502 739 
Sewers: 
TMA MISO CHOI! Verh inlay a cg dar 08) 0: 3! dye!’ eimfor =e ote 361 328 
To make connections—When ..............:. 367 329 
Disposing of garbage iM.........-..2+ee eee 363 335 
BEET TION arth ie fort's ale > «80% ole wal cigane Gin anaiete 364 339 
Soil pipe—Length of ........... eee ee eeeee 363 336 
SPM tere = ov foaia nit ote ns ais ala er sien mie let agian 363 336a 
Sewer or drain layer—Violation.............. 404 390-391 
Refuse from gutters in..........sseeeeceees 325 209 
Sidewalks: 
Spitting On ....... sees eee e eee e eee eeeeeees 365 343 
Notice to water department before laying..... 422 449a, 
Standing on to entice trade.........+--++++5- 474 630 


Standing in front of business house.......... 474 630 


1144 GENERAL INDEX. 


PAGE. SECTION. 
MISDEMEANORS—(Continued) 
Sidewalks— (Continued) 
Obstructing walk or: putter; Vin eee he cee 479-491 655-699 
Dangerous eu as tee Wes vo bins Wie eee etree eae 479 : 655 
Right to enclose—When ....... Te ae SRR 490 696 
To, be Keptranwrepair vier s ae wee see aveitee 503 _ 48 
LO FeEMUMS Pace ON Way es ace cme erate hue ane 503 743 
Violation, of ordinance—Penalty............. 439 495 
Signs—-Over ‘sidewalks 0.002. veces a canteen eae 482 666 
Signs—On wagons that frighten horses.......... 482 665 
Slaugh tering se isis). Ss aee Bt nue hus cues 7s eRe Ree eee meg 338 253-260 
Slingshot—-Sale Of oxi. 2). Gk gee eae tec wee ieeeke eee ee 474 632 
Smallpox :- Ordinance ck ep oare eek eee Mie eee eae | 642 1082 
Smallpox-—Toiremove (placard oes. c sna fen ore neee 315 182 
Smoke pordinance e574 on ake ease tte oie eee ee 504 745-746 
Smoking—Iny public. places: nit. .2.)s.). 4. eats oe 475 688 
Speedlimit of rarlroads 2), cite nd eae eee ete 478 648 
Steam engines coe eee ae crescent Rea 271 48 
Stock—Regulations ......... pyc acne eens 337 247-249 
Stopeock—T ol removey.'o.os ete Gk as ocala 421 448 
Streets: 
OPO DET ULCE Eas xo eye ate ver erate ee i oo hoes Fee he ee ee 489-490 696-698 
Toveut into Or alters iin acme ico ae oobi tae merece 489-490 696-697 
Salejof articles tom. 6 tecctuananonin oe eee 491 698 
Street: cwallinoy ie see ete es ier gee ee eas 469 606 
Streéts-—Crowds collecting om 27) .2. 447. caer 473 622 
Street: “munbering-—Railure:.t0.. non hee le Boke 668-670 1149 
Telephone: poles ii sass vias se eat Geen ee seu ae een ee 474 | 627 
The doing of any act which is a misdemeanor under | | 
SCALG LAWS. -tenoP whe kote win uee naan eee Rtas 509 763 
Theaters—— Overcrow dynes ancy top auch iene rie eee 324 204 
Throw ccarcass:dm public places ew ancien 502 (37 
Throw noxious substance in street... 2.2.02. 0.553 502 738 
Throw water, etc., from window.. so ant orale: 502 740 


cee PE eo 


GENERAL INDEX. 


MISDEMEANORS—(Continued) 
To place any substance, animal or thing on street 
Trash, dirt, ete-—To scatter on street............ 


Trees—To injure 


Hitching to 


Seymcroue with fire: Wires... ss). 4s bee ek occ alee 
Tunnelling in river bank, or under streets........ 
NER MI LOVS fo doch ghee 'k 0. «Hs a.p.0 si seen date wi lesbain Hae 
Unsanitary buildings and rooms ................ 
MRT MOE Gan iS sos os) «oho aoe ip 6 mcs bow wae ace Oe 
emer imtsON——HOUUTC Of... 4. ccs sys wie vie sive ase ae eae 
Memerniies, etc.— Sale. Of 2... civics cece eccvcesees 
Dretseted= W410 Of TIPE 2.0... ee det ie de wslees 

Precedence to foot passengers..............-- 

Ler across’ street crossings... .........0.0068 
Wagons—Carrying signs frightening horses...... 
SEMA TRP RDGF CGC as ators ioe Teak <9) 55e'a/s nk eyes vp. 0 Re 
RR MRE TE ELCTEINOULM Ogre Fa. 9 Ma's. 4a) a o's ch sind area's a'> 5 ehetey 
Waste water—Failure to provide sink............ 
Water closets—Failure to provide................ 
Peer (em DOLULC 0A. oie .2'e dara yp os eee ne © cee Se Ris 
Water pipes—To keep clean and clear............ 
Water plugs—Tampering with ..............4... 
Water supply—To waste ..........eseceeccenes 
Water supply—Permit to use ...........2eeeeees 
Weights and measures—To prevent inspection.... 


Weights and measures—False weights, etc........ 


Wharf and landings—Violation of ordinance...... 
Wires—Placed in 3 feet of fire wires............ 
RAPA Mee RD OCTOUS tle ght «5 o's feel gs di Bteud bie at oleuhia aces 
OE EOS BEI 0 a ee eS ere 


Winchester cemetery—Burial in ................ 
MISSISSIPPI RIVER—Digging in bank ............. 
MONTHLY REPORTS—By whom to be made........ 


473 
478-479 
479 
474 
511 


261 


1145 


SECTION. 


319 
661-663 


201-202 
607-610 
1082 
681-690 
581 
506-508 
645 
665 
251-252 


245-246 
754 

448 
755-756 
70-75 
81 


1146 GENERAL INDEX. 


PAGE 
MOORE BROS.—Spur track ....... {Gea R Gt ee 1080 
MOVING | PICTURES 5.052% wetness rear lone 377 
NASHVILLE, CHATTANOOGA & ST. LOUIS RY..... 1001 
Track: on: Michigan ~aveniierss = 30s css eee se ee 864-871-1079 
Track on Calhoun and Clay streets.............. 870 
Track on Kansas street to Adams compress...... 1023 
Track across (Main -Streets ciate stars ce iwiale ephcemie ome 873 
Track. across ‘Georgia; street 47.3. .<aees acm oe 1078 
Track into Memphis Paving & T. Co.’s yards...... 1079 
‘Track’ to: Berlin: Coal Co.'s: yards. <2. sae 1047 
Subway—Central and Cooper avenues............ 864 
SUB Ways soci khacs bs eibis telat e: seta oe ote tee in wae none a 959 
Elmwood: cemetery” bridge ©. sic... scwasice eine me 1043 
To sclose: alley <5. e5: se bon, Oe are ee ee 866 
Contract.-of #April’ 2; 1888 vccn eeu mimel en oe eee 1088 
NATATOREUM License. .2) : 5) ate eee 392 
NEW MEMPHIS GAS LIGHT Co.: 
(See Memphis Consolidated Gas & Electric Co.) 
NEWPORT NEWS & MISSISSIPPI VALLEY R. R. CO. 1084 
NOISE-——To make, etes vise eee alee one eee 478 
NORTH (MEMPHISsLBVEW: ACT os aac neta ee anata 205 
NORTH MEMPHIS LEVEE ORDINANCE............ 644-646 
NOXIOUS NEAT UB site Bia sata pon one gs ee eeepc dssatee tie ee aa tye ie 343-502 
IN UD Ye 2 oe hes tos eile cal SS colts fete eat eee eeaarie a wg lactal aim eee ae tee 469 
NUISANCES: 
Power to -abae ss sce Sos ee ae eee 41-313 
Buildings “insaMitary 5 vps were Pawnee ee 321 
Slaughter pen "25. ce ok ears Se eke orice eto ee: 501 
To. permits on- premises... Aik utes cies aires e tial rea cia 501 
Carcass. an public: places, cae hice. ae enon tecae ae 502 
Noxious substance in street........ Me Seen Ta 3 502 
Seatter dirt: on ‘street, (ete oto. anc a ce eh le eee 502 
Throw water) from window <2i.02a.9 «mis he eee nee 502 
Unmuzzled: dogs oy oii ha eens ee 502 


SECTION. 


1312-1328 
1326 

28 

1334a 


1316 


1324 


113 


649 
316 


604 


4-179-180 
199 
735 
736 
737 
738 
739 
740 
741 


GENERAL INDEX. 


NUISANCES— (Continued ) 
Obstruct public grounds or highways............ 
primes trom tactories, etc. oo... visas aw cen ees tes 
Smoke from engines 


corer eer eee eee ee eevee ee eeee eee 


Committed in open lots 


eee cee eee ee eee ewes eee eee 


POMP OREICERS. .....ec.eeces. cided ceceencinn 


Seer OEE) AN Te. 200. ia. o's ahs g Aevatohe Mtge aoa weleies : 
Sree MIE T SO XLOLUION (CCCs, seis x salereisyejts ew dies ¢ 
To deliver all books, etc., to successor............ 
Peo MMSERULOTECL. LO INSPECLION< . 2.0.0 ease sc as cae ns oye 
PERE TE MMELO LION CSR fave! aia rofs cao o0 ob ayn/'y 9 wid ale n'e wie lene Saray 
em PTEMEOT OCLC, os occ iiare ve < cls tlvic'a sale ee ne eewin wes 
PMS STUNDUCH ox be aly cue wis Vicrs 0b we ones lh ore 
COREL 1 tea Sa PINE AT OE gp ER a ee a oe a 
PIER LMR etD 6 rene AE inlet rel sl eh sls Voce 8 Aga ea aie 
Petes EL OW 5 TLLIGH bows caw ws cs lste saves os t's a's stele. 
Otteerssagents of the. state. 0.2... ke wie ede eee 


Pe SECA Len OLLICCTS ys 4, oui vse we ele Sele nae epee ss 


OIL: 
Pera ONS UL COTS 2 seats a's, oo :5 s+ levee soe eats, levees 


DRSUHPOMTOUINIA LIONS. act ie talelss «so a ho pear e hn ioe 
OIL WORKS—Forbidden in certain districts.......... 
OPIUM SMOKING—Forbidden ........... vette eens 
ORIENTAL WARES—License ............+.--+0.05 
Mee ee NGEANUMALS (ac. 5) o5 Jose on  seltie et guie an 


OYSTER SHELLS—To be removed...............8.- 
Pee EE BoM ie SAS AN see cuidtee o Vie Pea ee ee oe 


350 
377 


1147 


SECTION. 


742 
745-746 
746 


328 
328 


778 


1033-1034 


774 
197. 

88 
613 


292 


/ 
1148 GENERAL INDEX. 
PAGE. 
PARKS: 
TilCONG Ei es oe nes Roe Wnt aR anette OS 388 
May .aequire and maintarn 15) ina, ones ate 44-150-654 
Bonds «sckhe erat. ag eheeturet eked iree 151-155-654-743-748 
BBs cae HLA is CY ete an at at Isa Ca beeen eee eee es 151 
SOE mn Aaa iv gg og ef aea W tac sane tage Ge eer eam en ee 153 
Rules Governing | 50 ol see ee aaa tee 657 
PARK COMMISSIONERS: 
Election, “berm, sober 9 205. wpe oles es ope memere 152 
REGULATIONS: ek ss By oeatns wo inte. we popetta eee soe is Meee cer ete 152 
BORG a. seca iitire matin coe oe eee ae ae SAL Sees ae ee 257 
Board. established 4) -ussuss Ses eaeeien oe on ceca eee 653 
Secretary Sircatiy Wie te meee lece we 1 iS See epee amas 654 
Control, Of parke,.ebe.. . 305... swe kine oh eee 655 
Improvement,of. parks. 'ie «cis iewee sasare canes oe 655 — 
Park Bo 655. 
Parkways—How established (2. oi). ..i...519> as Sees 657 
Parkways—Control of ........- se eee eee eee eee OO 
Parks and’ parkways—Rules to control........... 657 
PARCEL pCUA RB ise ccs cic n ecatel et i eames atc etna Cut RGN a et 507-388 
PATROLMEN 03%. «cS eae ee ee 75 
PATEN FAR TICE Bie VAIN DO Riise alacant hoes ain coer 395 
PAU PIERS | terete cece sehr os rete te eons pba lac ei oes he ae 39-519 
PAWNBROK ER license 2) ae eee en Pope Gesdes 388 
PAWNBROKER--Reeords, ete, s 0, Sa Pos tea oes 507 
PEDDLERS 2 Soe eee gee ae 389-395 
. PEDDLERS—Fruit, wegetables “ety iat, 2.6 ce ete 481-512 
PEDESTRIANS? (oly tyteie sc iis Mein alent treet eelermare napa 442 
PENSIONS=-lirexand, policemen rer, circ. wia eo cites 248-249 
PHOTOG AP PEM R GS abi e vast e-Ske cate ecatle oinle cates ecco: 372-385-389 
PHYSICEAN pie cee set mans beeen oe wend 318-353-443 
PIDG-HON "J AGu ROT areas ial Ss ei tmancets re kn een rors 398 
PTS POT og cee cUR eeu a lth eae Ona ete Unt ne ie Oe 306-479 


EIPISBURG SCOATRCO! cei are lane: teeter tens te ee uate 398 


SECTION. 


90 
TASt-1117 


188-199-1118 


190 


760 
94-128 
681-773 
506 


169 


191-301-509 


153-654 


GENERAL INDEX. 


MEN EEE EIRDI Rr ey ee lds Soto he beets 
PLUMBERS: 


ens price lett. Lee 8 2 ogee eae ele 
BURNER TE RE eg a! 5 esse oot «9 ovis oid no 9 4b. tou MEE Grok 


NR MEE TER OS) ms 8 oars eGo, ace tao dete whore buadeeCalornes 


TERETE Gir o'er o's ace. sna: cjere Co ys qraclwleldid tania 
MIRREN 5 og cp de a: al'e) acu ws Sasa aco ielinl eo etesere at eit 
ee RIGS rss So «| Pral.eie doe, co es pob ews eee 


NE aM Teac cre ed ok so, Oe bce 0 eek awe koe Oe 


PCa TEOTIDLOV OG se fs. . oicls cine t ciwsere a vee vy wees 
IMI DEGITE NAVEL 030 soe soa aise tudes» afere a aieg Gala ds 


ee Ae bh occ aty) ajtyos ins Su at'ss whale 65.8) ve Moea alte 
PLUMBING—Power to regulate ..........0.....5... 


PLUMBING INSPECTOR: 
ere ne he gh eS PC ARIS hey als. sane pik sth) on atte 


ORM NEEL MEE TOY gy OUC. lya c ete ti'o rath AIRS 512 my8!'et a enal'e 2 v'oue Sim 
Pam viBING REGULATIONS 9.00.6 ie eee tele ee as 
Been o——Not tO. be sold; ete... fn one ee oleh. 


UTE eR ees, Ri Bice ar Vids ke igh Doel he Ween at 


ern e WET ODSET VOM. (a oisdc ects s o'elaicioetn ae tarda et wes 
PIN BUNS eve! cease hols ale «808 > eee e nec e eee ees 
POLES—(See “Telephone Poles”) ..........+.+-2+0-- 
POLICE STATION BUILDING COMMISSION........ 
POLICE STATION BUILDING—Bonds ..........60%. 
POLICE COURT—(See “City Court Judge.”) 
eit tO AI "“ABSHESSMENTS, e255 0. come eee eae ol wets 


POLICE DEPARTMENT: 
Chief—Hlection, et. . 0... ene see ee caw ele gcees 
PUI Ee TICOTR... oo so aris sels one tsa. o Wale Rite one seal als wre ece 


Subordinates—Hlection, etc. ........--eeeeeeeees 


401 


1149 


SECTION. 


92 


103-374 
449 
375-377 
376 
379 
380-391 


265 
392-441 
197-198 

197 


78 


50-110-111 
2 


51 


1150 GENERAL INDEX. 

PAGE. 
POLICE DEPARTMENT—(Continued ) 

Civil Service 0:31 Pe oben Siete peae eh itr spe stiset vee hte eae ees Pome 65-193-197 
Hlected according’ to.qualifications <y...020) se 197 
Classes cof “department =). (iiavatontace sku tsunami 66 
Duties vot Olieers Honcho wae eaie es woke et bc mece cee 66-74-296 
Fees. eollected iiss |. b:.. ca oer tae is Occ shat eee eee 75-94 
Special patrolmen:..). ce ieuten,cctaarers eeu maneen ome 75 
Removal Of 2ORICErs wsche case vse ea os 75-260 
Political assessments x:20 boa cones tee on ee ee 76 
Compensation’: 325, oe oo. oss noes Cle eee 66-74-76-295 
Elections Interference WAG Siig tea oe pemeeea 76 
Mayor's power: to, appoint... 0 eee ke es 70 
POWeES:: OF HOFMCERS'c «cists sumcee she ee ee ie ene 74 
SUSPCMSION era(h sae serous ars a eee a is ae cee ee oe mee 75-260 
Revenye—Estimate) Of 7.0 cscs nce eee 92 
Revenue—Moneys collected. 2iin 2 set ee 261 
PONSIONS =.) Hee lienn cto aie oul ea eds ecco ane cee a 248-249 
Vaeancy—-How vfilleds ini o% ache ear eee nee eee 192-296 
Right. of appeal. ca eae. cobs eee Acne eee eee 195 
Subpena—Righttocwserve ws ave ane eae eee 196 
Reports: oy ings. oa ote = Serres teneaine ae arte en aes 261 
Oath-otsoltice sca sok ae, y ance eres 295 
Persons “arrested 2300 ite sek oe ee ee 296 
Property ‘of. persons arrested.(.3, 5s ree ee 297 
POLL, TAX— Proof Of spa yment. 7. eg oar een eee 48 
SSPOST AD EE GEG RA PPO 20 or ea eile ae eens 1090 
POULTRY: 4 secc27 Neg nucie none sateen tne ane en een 331 
POUND— Animals putin sitet cen we rate setae 509 
Sale yof camimials 653 (cna Uy ee neem aun eee ae ee 509 
POUNDS——To: keep clean #..-.2 6. ss pee een ae 340 
POW DER i sum ato penaieier dels Se eine eet en ne nr 42-605 
POWDER FACTORY—One mile of limits............ 481 
Comecaled i: f3%.5 Sos. seats ak ese eeeee rE ee nea ee 480 
Confiscation’ Of ao yy. .skciasc nace a oan ee eee te 480 
Storage; CEbe ni merits ee dele ante nee ae 605 


SECTION. 


51-282-291 
291 

52 
53-74a-114 
74-125 

75 

7'7-6-7-8 

78 
73-79-74-111 
80 

62 

4a 

76-5 

118 

12 

158 


281-111 


225 
764 

765 

263 
4-1033-1034 
660 

659 

659 
1033-1034 


1151 


GENERAL INDEX. 


POWDER MAGAZINES—Storage, transportation, etc... 


POW t@nceae DOCAL GOVERNMENT...........00.05. 
(See “Fire and Police,” “Public Works” and “Legis- 


lative Council.) 

PRESIDENT OF BOARD OF HEALTH—Bond........ 

PRIVATE PROPERTY—Condemnation .............. 

PRISONERS—(See “City Prison.) 

PRIVIES—(See “Water Closets.”) 
PPM MeMDOV ICG CUG oo. i5, sic cele o's ale a Sone o)de'a sha eoelene 
OOS TS RCL Ea OP pd Re MO 2 SA 
RR oa ar sh aac cna 4 a Totnes Wi ew salt CBs gw oy 
NEE aie Sa are Sele e bis move e oP pin ne. « a'e eis oo 8 gine 
UEP IILGCIY Fr oa nolo ahs Ke nig afb bce bbe als shale tes 
Mecata tis peer Cisposed (Of oe 6 koe ei ele heen ve 
PE ie eae ' esas view ielie aoe ea doaielg aoe ie ee nie 
REE Mee ete frag oe brn soe shale’ & ae’ sign year aes 4 6 he 
Sem mate Tat tr Fann, Safa os, 2 3 fos ort ei «  prtwle hk owe 6 5 

PRIVILEGE TAXES: 
1 UO SECEDE eae aa er aoe Re Wr Rar Pt 
Fines, market, rent, etc—How applied.......... 
MMI R OCCT OC oak 3 3562s o oiala atonal lane «layne eels 
Pee Peta Wet POSING 2 <1. s slams eos rob Hee wea boo tee 
MONEY — “HOW APPlIEd.. anc 6s se wae e ee eet ae nee 
BRIM PL OPTIG ELON fa ctu ions ba 31h 4 4.. ace 6 ale wrar toe = 8 Wea apele 
Separate license for each business............... 


Wneensa LEATATCITGO—LOW A... .50 00 sett oe cee wcwet 


PRIVILEGES: 
PANS tTACGL COMPANIES) 0% 4005s srfo/epe ace ce ey ore « Rane ake 
Advertising companieS .........6cceceeeeceeeees 
RA TIPEROIUOTIGN Gu Wta ties iter ajecalea wrest cago Ya sd met was 
CORR ES Eo Nay SG ae Ne BRD SI a Papas DORE ME PETERS 
PG HIGLICTCINDS we bakin ia ws wied.chere Sik Fw de dies wislal ys 
PX TICLIONCOTA Mia ietrer dik Sve p wore bee eine sere UN Ge Walesa 


PIT CPST ODL IGS ne ceaiaa GUL R Ae. onan oo tar Litera ara S wa’ nla 


PAGE. 
480 
39-43 


258 
208-443 


396 


371 
371 
372 
372 
372 
372 
372 


SECTION. 


658 
a 


9 
w 


326-515 


Art. 
Art. 
Art. 
Art. 
Art. 
Art. 
Art. 


’ 
1152 GENERAL INDEX. 
PAGE SECTION. _ 

PRIVILEGES— (Continued) . 
Baseball: parks vi. ics ities ceiatee auecaie Neder aoe ete 373 Art. 20 
Beer Sard ens yobs aiys eves etal weal ter a ele a hee ne 385 Art. 20 
Bill: postersiecys palsies iviece wiesese ce aie tage entangle met 373 Art. 20 
Billiatd tables cc 053 kc eate wR Trt Oleaedee tet 1 aaiee 373 Athy 200 
Bie y cles is Soe iiipes sie ww ale eee tuecelseagiece coats cine tae 373 Art. 20 
Bottlere: sca s wo oi oes ean re muon ep alate ie ea 373 Art. 20 
Bre@werkes ! 507 cake Gig See ic cet oe oe ee eee S75 Art, 20 
Brokere cers CaN catigces tire atten, acai ted eater 383 Art. 20 
Brokers OW 1 Marines 5 hgh oe sa eee See ae 373 Art. 20 
Carpet ‘renovatora iii ie aang es Aan a ee 376 Art. 20 | 
Carts, rays; ete. si) ps.cse yey a enn ara Cee 380 Art. 20 
MOA TTIB QOS se rien phi re ee tea ity he oe een ee ve 381 | Art. 20 
Cash "registensos.. ad aece one ee ee ae 375 Art. 20 
Check. “rooming: is cs geies 3's wart tara ps ae eee ee 376 Art. 20 
Chewing  gum=manufacturers: 2.35.) ees 379 Art. 20 
Cigar : STARS Cn lode came ae eR ae Ga as 376 Art. 20. 
Circuses 2c gar ce ar gies ea a ee ee ete 376 Art. 20 
Cloth = peddlers cds Cig eo eae ee an ine eke ree oyu Art. 20 
Coabvor; Coke 4575545. rere one mun eae 377 ATL.” 20 
Coak Ot 2igto iene tis cnc eer ean ek ee ee 377 Art. 20 
0/01 9) 0) Fos spine GN Heo Mr AMR rename eae MUM ain Tek A oc Byes) Art. 20 
Coffee Standsss 2s. Taei3 ois cis ge eg ene eet eee eee 379 Art. 20 
Cold: Storage (iiss. as: ee ares operetta eae 375 Art. ‘20 
Collection (ageneles.2a2.t ren, oath Su a eet en 378 Art. 20 
Commercial agencies i acs als tele Sam hain aan 378 Art. 20 
COMEOTES. 5555 Rhee iv a teat at alate are ten ter eet 375 Art. 20 
Construction: Companies:25 5-35 ura cetecnn acces eee 378 Art. 20 
Cotton, DUVETS SEs, Feros Se nae ee pe ear 379 3 Art. 20 
Cotton COMPTESSES «6... ee eee eee ee ee ee 379 Art. 20 
Cotton Pingo nee bk Oe Be sant oe ee ees 379 Art. 20 
Cotton. -pickertegs.% ir. 19) cane ee aes eames Ome em 379 Art. 20 
Cotton: ‘seed Souls mill sacs 2 a ao nie aoe ae 378 Art. 20 
Dealers, in: oriental (wares.7 4.0. Gree 381 Art. 20 


ithe. 
aoe 


GENERAL INDEX. L153 


PAGE. SECTION. 
PRIVILEGES— (Continued) 

Dealers in second-hand articles.................. 381 Art. 20 
RE RE Files 5. oo 0 2, 5,6, ef ore <4 0) 2, ener 8yn. 2, nes Sens, & 381 Art. 20 
SACU LS a ee en ae DMs at ete. ayai'e Gea 381 Art. 20 
WGN MECOTODATIICS.<..i)0)205, 6, <lejaze,e, «coyace, e600 0s9, 0,2 he nae 381 Art. 20 
I Ee Toe oe ar 20%, ola 'e «doe, ok apo 6.5 4 in A <* 381 Art. 20 
Meee PLCSSIN G5. 6 6 neve, +), <0, 0.0,0,0, 6, 000, #, 0,009, 4.4,¢ 381 Art. 20 
I eS oe xs hel a ace Seki n, yoy o,"5, pag, sp aH A meg a, os ® 382 Art. 20 
We ED ORR ken ice, Saige ga re ye a 382 Art. 20 
Dette aT ee COMN IR NICS ls a iho eera, oo ate, 2, whe, «c=, ans, aces of oe 382 Art. 20 
ip MCCS a i ore cio) s vgn d le) ges chs rieASioidth¢ 382 Art. 20 
Feather renovators AH Soi Re ete teen eee ees 382 Art. 20 
PRM Ce ae at inla Se, oa, efoce  d 9 Tee Ne a 382 Art. 20 
eee OE mE eee oP ed Ot ratte Seas acs St Sok For as «hs, drs, 0,4, 0b os 382 Art. 20 
RMR aie OME VENUOT SR. 01... 2. Joie, <ye,aep8) ess, 5, ae ayd 0. 4 bye 395 Art. 20 
OE SAAS ATES Tags, SAOSIN Sap a ee Pen a 382 Art. 20 
MM MM Rhee ce 3 full, dae a OS teak $0019) Fields «gn, ome jes 382 Art. 20 
Pe OMUGMOTS (Te tilirat vss cies iver cifers Wa, enh ete. e ¥, ape 382 Art. 20 
gs CRUE oa sepia ORT 7 Baa Pain eae ania Pa aa Spe 382 Art. 20 
ROR LS MMR cs ay Sol gtod Sie sane crt ah OO Ay nie a Oa ge Ae 383 Art. 20 
a EE Ses era. Sa ace cee ye eo Mele 383 Art. 20 
RPPCOTIDIOICR Ta GEO eh etme, gt Cte hone 383 Art. 20 
UME TEC UE OC ES TALIS he tess cre os os ice cio. ocege ade eigeut 60, tae 384 Art. 20 
MMR RROMRE Te fos gee no ot dean cic ho: oh siistc ie, 9-3. vig pans ee 388 Art. 20 
USE ee oe ee eee eee eee Cece 384 Art. 20 
RES ef crete Mo cin yak Vkeg)e Sjet east a las ees 384 Art. 20 
Pam AD ON VALS «6.20, 0's ysloye's eee eg a Sood ae ee 384 Art. 20 
Es ee ME Eo) esc av nhs acy ce 91 4,50! a 0. ace, S)syee singe. beset? 384 Art. 20 
DOU OMMOT NCO 250.4 f s5, 66, «<0 d.n,cie.elt,ecace.m, asd, elie oes 384 Art. 20 
TETANUS Sy a No ag a ea 384 Art. 20 
CLIC OT DE cote ety 6 So diaix.s le ae éceus ee 385 Art. 20 
SU META SLOT OM 20 2/4 6.5 56-3°2<.o70 o,0-8c,0jenls,syaneeesd ahetls 385 Art. 20 
Kodak and photographers’ supplies.............. 385 Tbe. 20 


tL] TiC PemernC ere ATS ok hye OE cys eee werarae s 385 Art. 25 


1154 GENERAL INDEX. 


PAGE, SECTION. 
PRIVILEGES— (Continued) 

Lightning rod ‘dealers views ics sc bin 2 sate eins ae 385 _ Art. 20 
Lighting’ companies. i0 acu es sae ee oie opi es 385 Art. 20 
Lime, cement, Sand; GC. i040 2)... m Rae's he eee 392 » Art. 20 
LAG WOT CLUS 5 ies ooo es oie pth 2a eS a a 540 le Perce eden 385 Art. 20 
Laguor’ dealers i vices ss att alate au sacs ee sate agentes 386 Art. 20° 
Livery .stables,ete. sxe U ic Swan cla cain ene uae wee 386 Art. 20 
L0AT” BP ONUS in einen «eles eehe cm elenas acute te euler 393 Art. 20 
Lumber dealers... ...% eee ey a rear era att aegrge an 386." A Are. wep 
Lunch houses) 2.5550 eens oa sean ay eae ee ee 382 Art; 20% 
Manufacturers patent medicines................. 381 Art. 20 
Magic’ lanterns *.'.. us san 5 kee sa ce ene tarees eee eee UE oo is REE ae 
Marble, dealers::3. 03% (awk os eee Galen eee 381 Art. 20 
Merchants in 0. Sia oy ciate be Boe a eh ee ee ee 381-396 Art. 20 
Merchandise “brokers cc ei./s a4: 5h ohana eee 388 Art. 20 
Merchant “tatlorery 2s livre Jucek ee haga enue tee 388 "Art. 20 
Messenger: service... 6 cis tay ce Da eee eee eee 381 Art. 20 
Moving pictures RA wiele Bits Ghee ge We ela Se eae ae 377 Art. 20 
Miuisetits: 5). Sn Saws Melsine boot cre cee ne Cee teeee eee 381-388 Art. 20 
Na taeOriiiniiy y eaewieediae obec omen cine ee 392 Art. 20 
Parades i.e Soda Se cy Me aco ee ne rae eg eae , “OE Art. 20 
Pareel-ears , aaa esheG ce aa Cue sic tis See tyag bu 388 Art. 20 
Patent article: vendors \ 2.4. 0.55 48acetan eek eee ne 395 ae 20 
Parks iN es eather ome Gey cue eis, ene We oie te ted 388 Art. 20 
Pawnbrokers oo OMe cs ang w eahe an sue yeate moan ne nee 388 Art. 20 
Peddlers (secs hareans Wr wen Wis anae hiadg ame a ares meee 389 » Art. 20 
Patent, medicine: 60s - wens ae Gee Se 389 Art. 20 
Wiener wurst: Sacks sect on bee naan eee 389 Art. 20 
Dox sballoone*, e540 Wes ents see Cena aN kone a 389 Art. 20 
DYPy: GOONS | cous ee lois kts cary tuk ee RRR SHE Seater 389 Art. 20 
Clothing so Tete Si as rege Som ema rege eile ee a eee BO Art. 20 
Fruit, or-svepetables ics cease eum: Meets a eee 389 Art. 20 

MWe ab pce eae Cee Cia sai aukeva ec selec a See 389 Art. 20 


Playing (cardern.scc Ys diRuee Corde oa isu Auten See ele rigs Eee 388 Art. 20 


GENERAL INDEX. 


PRIVILEGES— (Continued) 


Ns Oe ol pce eo. als sie sb casid vis we ole! ? Gs 
Photographers—(See “Kodak”) ................. 
EMRE REM te 5,55 o's ok one ale 4 we 'esen eis tl sleeve ¥apere acs 
PRUE OHOCES, CLCL ce nk ese ce ee ee wae awe 
Feaileeao terminal companies 2.2. v.66... eee 
Pomme eRe CICK OGY DTORCLS e560 ces oe gallo wee ee eee 
PERE PRTOCPSETOUICN i ic es Ani cse hte e,e sale De se 2b oa 
PREVA LG POCHICTS Ve elo yee vinns nc eg ak n+ slab ote'y wis ove 
SKE MER CT OL VOMIT ODEEL Voie funy oo g cds) 5's 0 Ula se 
Te oprerati aan Gales i Vics os css wx vn oe cele es 
eee MELO LOTS i585 CON RS sevice ca eis oAm ao ee oie soe ee 
erent) WOR LET Goh ctstiies yea ies le tects 6 o's gab le! «des 
MTG OCC hel p2. o sayetanae aigi din, ai Winer s «in isis.» Glas 
Semiieinachine COMPaANies! 2.0.0. ee cae kee es ee 
eee ee et emir cee Ps Ee sie a Peo ata wae nig Acer d ab 
Peete TRSPRE INN  h asl vil a fala et estes ala so 7a 49) ip aia Bie’ Sato es 
aeRO UV Sanh 0 poop casgnts Puare ge ott y aise dese ave Ws slave. 
Steamboat and railroad agents ...............-- 
err MOU GAIN RSG A. Ts Lek > 2 Guts +o ot ee oe oe trae 
SOU a TORR CTIC SOL. iia pais oles 5 adhere wrod b's Waleed 
Pe LeOe mer rm COMPADICS” y sta)7 «sis Sie a%s © OR ew eideensiereh eee 
CWS ENP T ALS (CTE ESE SEA PP a ti BSP A ry 
Tarpaulins OE La Ge SON rd eee ar eg cyber Ue Ty 
BemepOraryekeliere OL POOdE:. .) 6.260. Ss. 4 aie sie el inch, owes 
PERDOUE CLAD piss «cis «o'r, 0° MA Ae els icea ane aietare a Sees 
EBPALTICRL COMPAnies | :.2...6.00. 00648 a hae pas eee 
SL TOMEI OTROS 8. 5 ard fs wale ches qwlacere ona Moueg Sees 
eet Si MeMEPRGLULO AB ec 2 5 8 55 rear wrk #4 wiley Sabet cs aided "oie le bawuh 
Trading stamp companies.......... Serpe sist death ee 
Me Te ake 51s e4e <'salsik) a =] as ies ccd soma ue SEE 
Variety theaters and vaudevilles................ 
Ue EM Pee gcc h Aiea! akad sh fades cata ete dale! Seem RU oe 
MVR a RCEUAVECID LOS be)! 2s cogeedoa klahaig's cs wnse tina s eee med ees 
WV ATOM Useen aNd CLOVALOTS «6 ous ae sg deee ed a eet s 


394-395 


376 
639 


55 


SECTION. 


Art. 20 
Ari. 220 
Art... 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 
Art. 20 


GENERAL INDEX. 


PROSTITUTES “In Hotela) 993, ae ee oe 
PROW LING er oo ee ea igh Oe ee ree en eee 
PUBLIC AFFAIRS—DEPARTMENT OF: 


Control of; nealthrdepartment..'s2... 08s +o rece 


Departnient; classified v7.) scxio% 6.5 oe isa telanerae ieee 


Klection 


Ce ee ee ee) 


PUBLIC BALDS—-license> eCer- ar wa ser shes ete es eee 
PUBLIC BUILDINGS: 


Doors to swing on double hinges................ 
(See “Building Regulations.”) 


Defaen ng: 225i ao ain 0 G ayia anin toe a tdelete eae oe eee 


PUBLIC PLACES: 


TiOULE FAN OAM 2) Saye 6 ire eoehe ane see ees sak esl aerate 


ODStruchin gs cin ok cee ks ae tn eens hee nae Ree same 


PUBLIC UTILITY CORPORATIONS: 


Power 10 “Tegulate °y io. Vis: 0= a oe me mee ines eee 


PUBLIC WORKS: 


Board. erentedvn, j5.00 28 See ee eee reece ae 
Election 


© (eee 0 6 6) 0 06> 0 60.0 \-e-le 9/6 Ke le (68 6) e's) oe) ee /e is, B) (6216-1 @) O110/18 


Qialilication: cL oN sy ie ea ie are eh cee eee 
Contracts—Not to be interested in............... 
Seat vacated? 42 esis Sane en ewe ei qune ee te eee ene eas 
Induction: into Offices io rin ode ie areas 
MGGUINGS (5 crotis ies here cours eae fey -Ok ys meena ee 
Ordinances 


@ {6 .e.,e 0) ce) 6/6) 10 (0) 0, (0 6-9 (6 6. 0. 0 Ge ie 6.) o (0-8 6. 60) 16 4810. 6. 0! een ee 


ecerwreree ere ere eee ew eee ew ee eee eee es eee 


Oath OF 2O1MGee Gros were Cok Re Oe onic an Oe ‘ 


Compensation 


LH AEs WE gi 10 1 Prepay om maae Uae ap oR n! Piso nami rR Corr Ss ae eae od 


Records Of oo ee ae ee ene eee, Sera eae 


PUBLICATION OF ORDINANCES: 


Legislative aGts ae cust ccs phat nene en Neen. Aas eee 
Front: f00t) OT dinances eis tie Oe eee 


Al: other Ordimances 02 eS eo anette rm shes eties 


186 
390-474 


Ros 


489 _ 


471 
502 


45-59 
47-67 


48-49-67 
49-50 


51-67 


53-68 


642 


SECTION. 
775a 
751-752 


264 
266 
104-631 


770 


695 » 


18-67 


21-57 


58 


260 


8-35-300 


1083 
1085 


Oe 


GENERAL INDEX. 1157 
PAGE. SECTION. 
QUARANTINE LAWS: 
eM UR ARRIGO ao aa iS 0:0 G44. 8) Sis ala arantt te al 40 4 
Persons or property quarantined ........... Yas mit 354 305-306 
Recommended—How ......... : Bias siege tance ee ae 423 450 
DucyeoL: mamersand-cOUBCI Oo. s65 oa. te aay a es: 423 451 
ERGO AIMCO GORING Y OF 5 5.255. sain y wget ens“ taiy Cea 423 452 
UO SRI oo oN ae Ree, ORM = CARs) CO Peg 423 453 
bg CU us cM oe oe re ee ee a caer Cy ar teed Oe 423 453 
Peay IRR Sa, sels ano} Se ah Sp Wh, aralalbe vt hata Saye 423 454 
ORIG COY PLES 9 ek 6d 5 tgplesd ah eject nie «5,2 eiiecetes he 428 467 
Violation of ......... pA. SOS eae ES 426 464 
Be MUN IAR a eet MOT PON GO 29 sik anipinie nn wigs yacei shade «oN 385 67 
RAILROADS—(See under “Contracts” and under name 
of the respective roads; also “Subways.”) 
BOWEL CO TEP WA US Fora tale et ia ade dN 8a ae 42 4 
PRO INSC LS AL, Wi ok bait On Heh os RA MS he 478 648 
PigsIBSN Al CFOSRINAE Fei. i LAN TA PO. OS 483 670 
CFE ROPTEOUIATTIONS <5 Foc Gwen hice 0 ba 6s vain wb tree Y 483 671 
Obstructing passage to trains NSA PRESTON 484 672 
Piasie GrOasines © Fat Pik RE Ce eal o naa erate 484 673 
Buel LOsesUNsed esas Ss eR Sa, CE Oe 484 674 
Gulverte and Bridges. 2A 4 Sah i Bide 484 675 
SSOMPACLUUAS BNW MOTEL LES 0 Uhh fata SaUetens owireove wa eer et ee 485 676 
PPeecINE COP CPOCOMOUI VER: 54.4 2K oe yale See aintote « 485 677 
Engines standing near streets............000. ese 485 19h O78 
Paring: Care Near “SENCOUR: |i. 0 ilo sores ke eee tees 485 679 
Contracts: have effect. of ordinante........5...... 500 729 
Failure to maintain tracks...............00eeee- 500 730-731 
Work to be under supervision of engineer......... 501 732 
BOS ya) a0 P gi 27 ere a SPC RR OR Sk eR 484 672 
Subway ordinance and laws regulating.......... 998-950-959 
Free track to Crescent Cotton Oil Co............. 894 
mek tCEnT TIsees TOR. ClOVALOL os oa vieghoe sot ach ecees 895 
Tracks on Adams avenue ...........sseseeeeeee 908 


1158 GENERAL INDEX. 


ke PAGE. 
RAILROADS— (Continued) ; 

Chesapeake, Ohio & Southwestern.............. - 1082-1083 
City. & Suburban Railwayc oss 3. tac sie eee 1081 
Citizens” Street: Railway). wosaas Sesh aos opel a! 1082 
Choctaw & Memphis . Railroad.............600% 1085 
Choctaw, Oklahoma & Gulf Railway............ 1006-1086 
Choctaw, Rock Island & Pacific Railway........ . 1017 
Chicago, St. Louis & New Orleans Railway: 

Track on Trezevant and Clinton streets...... . 909 
Clarksdale, Covington & Collierville Interurban Co. 894 © 
East End ¢ttailway Coss s. «dss adeess eee oo 1080-1087 
Fort-, Pickering Railway. - Co. .5.5. 0s 5.6 iwaal ace Ss eee 902 
Illinois Central Railroad: 

Tracks on Trezevant and Clinton streets...... 909 

SEU War sii os Sra scare ares nto stakes 1078-1082-1084 

Lracks\imto»: Linden. Station, $54 . yess eee s 905 

Tracks across Adams avenue .,..,+.+-++++++ 908 

Tracks: on Clinton streets... 7.5.3 eel pe ees 908 . 

Rent aah Sex ies a ikea Cee ae Soni sce 398 

Trackstom river front; \ 2,34. wen Picci ctl wee 848 

Tracks across Calhoun street.............68- 906 

Tracks rear Williams & Co. mill.......... ae 1078 

Tracks on Georgia street....... oid oie bones 1084 

Contrapgof -Jutie 21, 5188050). 5 a we en ces 1082 
Tron; Mounsaim: Railroad), 3..¢ 5:0 045s sees eels 87'7-1079-1086 
Jackson Mound Park Railroad ......... ten ee aaey 1081 
Kansas City, Ft. Scott & Memphis Railroad: 

Track to Southern Biscuit Works.......... 897 

Track on) Ghester® streets Us fon eh ee 898 

rack to Gulf Compress) Cosco cces Owns om 899 

Track on Kansas, Simpson and: Florida aves. 902 

Hlmwood cemetery “bridge: 220.0 2. NS 1043 

Contract sess oe. aids pee eae Oh oe wie Meee - 1086-1087 

Track to Brown & Hinman property........ : 895 

Track to Tennessee Granite Brick Co....... 896 

rack on) Broadway nic, Wasa sie ise mee eco 997 


SECTION. 


1381 


GENERAL INDEX. 


PAGE. 
RAILROADS— (Continued) 
Kansas City companies). 5 60s eR 997-1043-1086-1087 
Louisville & Nashville Railroad ................ 873 
Track on Trezevant and Clinton streets.... 909 
rack or “Front” street. 90/50 ..6 ae he seth aerate 1027 
EraeOeeon, Hiph Street, . sie saws 4p eda eae ais 1078 
Track to Galloway coal yards .............. 1079 
Treck to; Linden Station: or. 2, okies co. 6 905 
Track into Auction square, etc............... 1084 
SL PAeh  SCLOSs 1 TUT: SUFCEU savas ccs tha cee chs 1084 
PSE WR CLS Sana saath opiate weg er zigh Onin. e Bee wires 959 
Memphis & Charleston Railway ................ 1087-997 
wempuis-Wity, Railroad Cos cris eget eae eee 1080 
Memphis, Greenwood & Prospect Park R. R....... 1080 
MER nhis Geosit tle HOC (Lethe ste oie ey ale mie ee © 1085 
Memphis, Paducah & Northern R. R............. 1082-1083 
Memphis Street Railway Co.—(See “Street Rail- 
ways.”) 
Pitt yovear ii vanehise wipe. c dicitier wiieee seis oles 761 
Union and Jefferson street line.............. 767-768 
Pauline street and Jefferson avenue........ 769 
Tracks moved off of Second street............ 770 
Tracks ‘on Third street. et al.....5...0..00% ‘770 
Tracks on Raleigh avenue ...............-. 770 
Tracks On WiGridas. AVERUG: 4554. s fee dues oe 770 
CeRTACe Of; Set Sp LOSE er secs re ere ets 1080 
Central avenue (neutral strip).............. 771 
Successors to Memphis St. Ry. Extension Co. wise 
Poplar avenue (neutral strip).............. 792 
Right to carry cotton samples............ 793 
Madison avenue—Rights on ............5... 793 
Lamar boulevard (neutral strip)............ 796 
Madison: ‘avenue bridge -.523. vee Si bee os 1087 
Street crossings—Conductors to announce.... 797 
Monrde Avenue WTIdge fo ee Sak Mice We ee oa 1087 


1159 


SECTION. 


1160 GENERAL INDEX. 
PAGE. 
RAILROADS— (Continued) 
Memphis Street Railway Extension Co.: 
HYONGHIBE Usa yates eee wr CR Ce eles Sante Y “We 772 
Charvery ic cas wakbelcees wey Re ees ee ee 778 
Memphis Railroad’ Terminal, Co... 5000.00 6 ge sete out 
Mississippi & Tennessee Railway _..... . jaa pele al 1082 
Nashville, Chattanooga & St. Louis Rail- 
Ag ie ALS eel Pap M a Bia rs 864-959-1001-1023-1040-1078 
Hlmwood-bridge rs ssa sas iia leceethns 1043 
Berlin: Coal’ Col spurt. [24445 oe eae soc aeons 1047 
(See under letter “N” for further references. ) : 
Newport News & Mississippi Valley............ 1084 
Railroad ‘Terminal, Co. 0 se ip pace pak. she ee 391 
Raleigh Springs 2Reilway.-.2 vs. a. awe n eae ete 1082 | 
St. Louis & San Francisco Railway. oe . seta 895-896-898-899 
St. Louis & San Francisco Railway........... : 1043-1079-1086 
Springfidld & Memphis Railroad................ . 1087 
Southern Railway .........155-950-951-959-997-1043-1080-1087 
Tennessee Midland Railway ............++.+.5+- 998-1001 
Tennessee Southern Railway .... 0.005. 4-5-08 <8 ree 1083 


Union Railway Co. (Belt Line)... .878-997-1078-1079-1088-1091 


VM WR Ree: Reet 905-906-909-959 
RAILROAD TICKET BROKERS............-. rte 391-639 
RAILROAD TRACKS ON RIVER FRONT..........-. 848 
RANGES ANBICLOCKS x gay lueteee ae 391 
REAL HSTATE’ DEALERS 2 6u fe 391 
REAL ESTATH-—-Sold’ Tor taxes 9375 craic alec ace 643 
RECKLESS DRIVING: (joc. a) ie es 477 
REOCORDS.< Cauviaceed: ie ae 261 
REED, & DUROKER: Rent. .-. eee * 398-1074 
REFUNDING BONDS eo ae) Pe By: 246-692 


SECTION. 


108 


107 


1087-1090 © 


641 


pe NAAR SO ONES Sie Bice og aida eee, 


is ane 
rae 
otter, 


q 
q 
5 


DE OO ee a ey ee PR ee 


ale De Be 


oh) CP een aR eee” Bn ene aera 


GENERAL INDEX. 


REGISTER— (See “City Register.”) 
REGISTER OF LICENSES AND PRIVILEGES: 


(See “Collector of Licenses and Privileges.”) 


Peeetretiony utpolied> iri vs fhe oes ee 
Ree ee oe COLL Yo PROP MER LY 75 aia ois cm wie «a othe 
REPORTS—AIl officers to make..........-2..eeeceee 
PeewotNG ANVOPFICER 4:28 WiAnmie li beei oS 
RESTAURANTS—License ..... A kaahne ce atts aan iene 


REVENUE: 


Oficers\:totpay over: toltristee......0.5 666. ee eae 


Monthly -eqtamates: 3 2.005550 9 08 Ra RMT eR, sete 


RUBBISH: 


SIC AMS LOTUS cn s'h go vince cpini #8 ple ble soto 
EP ps 8: IR ne), My eer Aen AE POE LCE ge Oar 
Fo be ‘removed fromstreéts..-o. os. ee ee ebm es 
Tia dade OS Us OT: LOC a soa o's ca oe ahd wwe sno Ma Gs so ole, 9 
SADLY “OA Mos Ratlroads son .r sss wee nao eter sx as 
SALARIES OF HEADS OF DEPARTMENTS. ......... 


SALOONS: 


Mens reno, Of COLI 3. eee he ote ae Os4i Bas 
‘Liquor sold in-quarts......... AT ONE PO 
Liquor sold in‘less than quarts. . 00. 0:0. cae ‘s 
Orderly house tobe keptan. ses. else cle cin Se Rane 
Sse ye MOL APM LOU 0) ad 5% 56tee miss oka ote atnsetntaialeye's 
PUTTER Go COMA 1s eal wae ere: g ners 930" ob, iar Soo 9 OR RRL 
BR ee CAC IRIS Soa oars Sak iim shtisy pg ake Sead 
Miection  day——-Closine os Ak ole © ah Kole WARS ee es 
RULES LT) auth wo Waka wi cera ened o peatioagioam ath mi Alp SA'S, Sea We 
PUI CBGILITE Sine det ap areiela co slave sited Ween win erores Z 
RIGO PRELET. HOUT Bers. stain ooo soe ag iano ce ot Lae 
Minors ators NS ee ah: Rte eB PON, Sr a SO 
PAIONS TOWN PIED DOUG Mache wave ehce tae dn are a 's,0in he 
TRVOERTERIG + BYORI EES ceo! tate a Siar svyecd cl nivh erga alae Ae Spark 
NTT Vibe See a. uf da Ne os Pa ets nin 4 Rowe, «eee to Ren 


Dalen sNOAy Marke fOr DIdUents g-igiseiay 44 Siete ieane’s Fe 


PAGE. 


261 


458 
467 


468-458 


469 
469 
469 
470 
470 
514 


1161 


SECTION. 


125-588 
372 

11 

620 

110 


12 
13 


188 

279 
280 
1032 
671 
265-266 


589 


601 


1162 GENERAL INDEX. 


SAINT LOUIS & SAN FRANCISCO RAILROAD: ee 
Track to Brown, Hinman & Huntington property. . 896 
Track to Tennessee Granite Brick Co............- 896 
Track::to- Gulf Compress: Oo. ii. be ee torres 899 
Track to Chester street. 00. bis o 3 es Pisses 898 
Elmwood eemetery “bridge. hi.s's due vas eae alee 1043 
To connect with switch front of Valley Oil Mills.. 1079 
To close. cettain..stree&ls sein oy wk tae ee ere 1086 

SANITARY INSPECTOR AND OFFICERS.......... 40-258 

SANITATION-—LEaws, ete. ye oe ei eee 40-320-347-360-364 

SAU SAG IR Ger eeace ou Sa aie vr ac ae tae ane 332 

SCARLET PHVB pier have ware ae bes ete te Set 352 

SCAVENGER (Xess SG tee eats eee ae a ake See 348 

SCHOOLS— (See “Board of Education.”) 

SCHOOL BONDS—(See “Bonds.”) 

SCHOOL BUILDINGS—Material, ete. .....:......0. 50% 604 

SGHOOE sTAX SEG os Gee) mee es cote eee Oe 

SECOND-HAN DH DEALERS... ic swe ce euanee eh eee 394-508 

SECRETARY WATER DEPARTMENT—Bond........ 257 

SECURITY DEALERS—License ~ ..6) 0 20.0 (4.204 48. 393 

SEWERS— (See “Plumbing Ordinance.’’) 

Refuse from: «gutters, * ete. 5 soiree ys <a eee 325 
Conne*tion:: 10, Be. kept Trees oo .50. wu ec uae 2 ane ei 326 
Puasa hosts ww al oS ste ces ee ate he tem Me ay tara 326 
COmstructiogn, os Avge ae cea sus neee eae en er 326 
TPO*URCOVERT RN 85 Ca Bae ee Rae ee nae ere pea 361 
Connections-How made. ....0.06 55 Sieve sees 361 
Surface: water, entering 5% eee ee eda eine 363 
Son MAupe eRe ww. et PROS GA e cialy ben ee gees 363 
Ventilating pipe ...... fink Waa ck eosialaran ea sth: ae ean Mae 363 
CEPA S iy cia aio incre Hid aid eles eer al aoa ac Ginter OLR EON 363 
Separate commechions.c hs ..csn ve ea eee eee 405 
Work. to:.-begin—~W heii. 2 as eye ae eee eee 405 


Materinl 255 orc io ation Ce a ee ee ee ee 407 


SECTION. 


1356 
1357 
1364 
1362 


4-2 
"325-339 
226 
298-299 
284 


1030-1031 
124 
119-761 


GENERAL INDEX. 


SEW ERS— (See “Plumbing Ordinance” )— (Continued) aie 
UMPORRS: UTM INNS one-one bys sibs amadle hs 5S a5 agatha 407 
TI DECLLON PE ee oy es. a ss BO en ae a ee aathve aa husks 407 
PPMRRUUIGGRTIO VCO alec > cess ons. 00s, bc paphaias «kate aieueee 513 
Peete CR EANGILAMTON | 606 oo cs how eve oes 952 
RSE CP RIDING ote ale acta sa sale d.helell ee oe 954 
Sey bree bi mesicense 2 vies. eT aun Vind YOR 392 
Se Per AMM (A DCCIA]) Osu oS cede viele Dlbeu.e oe tt wale / 92 
SEWER OR DRAIN LAYER—License, bond, ete....... 403 
SEWING MACHINE CO.—License .........0. 00000 ‘392 
(gel ETS 1 a a bo or 398 
UNMET ININ = LGRSC i 6S oe a so a eee coe eale ¥,0 wave wlewidls 1068-1091 
SIDEWALKS: 
eo requiring -tenants to -lay i... ce ee. a 40 
Power to compel the laying of.................. 41 
Fish, meat, etc., not tobe sold on...........00%.. 340 
SRO MNMEE IOVS RRA INI Sat oa eo. 015 gens el eiv a, We, shbce We om by ova a’ deans 340 
POCME KEN CORN “Yio e scale ee sere dies Une ae 358 
PRIME POR Gs ie ah iF ov = msg ive meee! 0. ¥ 8-6-0 8 ERA er oo 365 
Notify water department before laying.......... 422 
PURER Ee Gly Coa bin cto cain oe ot oe KYA ON AHS gas 436 
Granolith—Specifications, etc. ...........se serene 437 
Granolith—When to lay ..........ceeeceereeaes 439 
Portions used for building operations............ 542 
Pavements—Approval Of ........+sseee eee cece 439 
Violation of ordinance ........... cece cere erences 439 
Grades to be furnished ............- eee ee eeees 439 
Minors, non-residents, etc.: 
Notice to lay by publication .........-.-++5- 440 
sEnforce the laying of... 1... 6+. sede ee eee ee eee 440 
Curbing to be set ....... seer eee eee etree eens 441 
Standing on to entice trade.........-+++++++55- 474 
BPP IIROE ON ry tia were a eines Hote Riva! #14 wit hy bine oni 479 


SODAETUCEIIO ES fyi eo is ne aie He eae oe ete a Ha 479-491 


1163 


SECTION. 


408 


119 
384-387 
112 


493 
847 et seq. 
494 
495 
496 


7 


1164 


SIDEW ALKS— (Continued) 


Throwing trash or dirt on....... 


To allow grass, weeds, ete., OM. ...........-.5- 


eer ee eee ee eee e 


City may clean at expense of owner......:.... 


Sighs: Ware weve wee ss 


Execavatione weeks cut pee 


eocwo eer ee eee eee 


Shed over for protection of pedestrians........ 


To bé: kepbamarepair ee oe .1) gach 


ore eer eee ee ee 


Notice tobe given ‘Lor: Ja yimg iso... t eee ates 


Not to be rented by anyone.................0. 


Violation of ordinance .... 


SIGNS: 


How €recteds: 5 teas ne eas 


illuminating? fireiie wes os 
Business signs required ... 


Hung over sidewalks ..... 


On wagons frightening horses ..... 


SINKS: 


Construct to prevent escape of vas. salon even ae ae 


JOM PEIOG Pe tees eon ee 


Failure to provide cays bank me Ral 


SINKING FUND: 


Parks hondsc oe ee 


School toadan Cn Pieoh eoruis pee exe x aa ravatglare totaal 


SKATING RINKS—License .... 


SLAUGHTER PENS: 


Right to suppress: ......... 


Uinsanitary 207 2h SR tenet 


Slaughtering so aeons, ik 


Within one mile of city limits... 


SLINGSHOTS-—Sale forbidden 


SLOT (ACHING Sticense ee a Poe 


ee eee 


GENERAL INDEX. 


SMALLPOX: 
Remove patients to hospital 


Notice to be posted 


ose eee eee ewe sree ee ee we 
BE OB Oe Oe 6.8) 0 & oe. 0 a 0) 0) 416. OC Che Ke 6.8. 6 


Infected district declared 


IAA ONE ee Cte dco ou. Cound nie feud ¢ oR oe eke 
(BU UTEY Ss gael a ea eR er MAN Ad 
eg Am public places= 2... eee cde wee eu ne 
pMgeESTACKS—Forbidden—When ............0..% 
SOAP FACTORIES—Right to suppress—Where 
eet ALN S——hicense 056... oe eee ats a pies 
Bee tee BABCUIE WORKS: ooo 2c. ee cee ce ee ot 
SOUTHERN PAVING & CONSTRUCTION CO........ 


BeeeeaterALLWAY CO... oo. eco oe eels tle auea ye 


ore ee wee 


Elmwood cemetery bridge 


Track on Broadway 


ob) a) we, a) 0 eo ei 6 e000 6h eee 0) 8.6. 6 6, 0) an eye! © (e 


6.e te Seine 6 0 @ 0 6 eo) ais, ©) ae Sue ba) 68 ae 


Subway—Lamar avenue 

maak evor Moore Bros.’ yards... 6... este wa 

Southern Railway yards—For park purposes...... 
SPEED LIMIT—Railroads 
a SENG GS Pi 
SPECIAL TAXES—(See “Taxes.’’) 
ee eC Side WALKS i... we eb eemeiee ei meleiee 
STABLES—Sanitary provisions, etc...............4.. 
STATEMENTS—Mayor to make 
STAND PIPES—When required 
STANDING ON SIDEWALKS TO ENTICE PRAD EAR. 
STEAM BOILERS—Inspection 
STHAM ENGINEERS:...........2-..60006. ee ee ot 
STEAMBOATS—(See “Wharves and Landings.”) 
STERNBERG & CO. 
STORM WATER—How disposed of 
STOCK YARDS—License 


a 0) 8 x67 wt wee Val erie (pO ef oé dle) pe» Oe a6 


af 6F 6) Je" 6) Gr elja ‘ee 6 Gr w) "6" stimtie als: 


oo ws 6 © ole. € £06 6 a ee 6 6 6/¢ 


Get bt ee, wale eWal otcs) a6 el, Sarde, SCL A ae See eye ie 


a, wel eo @ © 68h 0, ape) Oca e le 


SAB ee. e, @, lo) ef Si foad e268 oh ere Ons) 6.70 /o al eke. 4s 


393 
897-1079 
1057 
998-1087 
1043 


347 
70 

584-585 
“ead 

| 40 
270-271-272 


1165 


SECTION. 


SY3t 
182-298 
1081 
1082 
294 
945 


746 © 


6390294 
927 


199 
648 
75 


343-893-1019 


63 


: ae 
1166 GENERAL INDEX. 
| PAGE. 
STOP COCK—-To ‘renibye 42. eee: Loe 421 
STOCK: , | a 
Feeding in streets ..... et a atch tent cop ichony 3% 481 
Drivine over Screeter ier ci ee ee oe eee ae 482 
Restilatin ts 405 use Sen oe ce ee ee 337 
STREETS: 
Busldiny “Peo visrOna Sok Sah cece ee atte ee eset 489-542 
Wontrol ares pe Geo Pee ee ee ate Sosy te eee 42-43 
GMAMUTANE SOF SR AUGEIND oy ss 32ers SR et na eee ee oe ener ea "489-490 
Excavations—Refilling of, ete. ............20.00. 435-489 
Excavations—Permit required ........ ie en tN are ete Vs tates 
Engineer to fix building line...:....... La mee Be hea 
Reeding <StGek 9B iii. care eps Re ON eds eee Stee 481 
Paved=-Haw. 2 a ee 434 is 8 : 
Pavement Ate be repkiced i 545 Wien soc acme ee = 441 as 
Tunneling tinder Weare eee Ackae Sete ee eee eee sig 
Throwing” trash; ete., s0iscaes «eee. Pan on on 481 
Throwing “fruit: peelings, ete.; “On? tc 6 pede bens 
Grades estéillishad’ 005) ae ee 267 
Power''t6" close: <2 ed Saas ena ee fe oe 440 
Paving— Advertised. Paecies Soe oe oie oe Coes “434 
Regulations for grading, paving, ete...../........ 435 
Standirg on for purpose of enticing trade....... : 474 
Portion used for building operations............ _ 542 
Use. OF hy “Guntrackotads ores, se eee say . 
To obstricl {say sie ivy s oodeasdocee tS Se 
Sales “dn e rcs. ea ete uae te oe een oe = 491° 
Ordinance Naming strecta *evee 6 oa eee (616 
STREET CROSSINGS: 
Where 10 (ie aes 0) 26 nol cent re once ee ‘ 442 
Foot ‘passengers— Precedence’ ..45<.wciet hws sea 442/09 
STREET CARS: 
Power: CO Fepalaue te es ee owites Br ie nae > 42. 
Cushioned .. seats 0. 5 tees iy Bee ae ide eee slg Re wat 357 
To be kept clean BN Peele Sanam eee) PATTI 367" 


481 * EF Aa 


489° ees 


may 


GENERAL INDEX. 1167 


PAGE. SECTION. 
STREET CAR COMPANIES—License .............. 393 117 
STREET COMMISSIONER: 
EMME, WAY oak LIOR GS Pe cies My Se Dos wang ws hie Shee ares 44-82 7-98 
Pieewon, salary, duties, bond... 0266600 s cae ees 82-258 98-99-2 
ME WRI soon Sic wlan Ou g's inde a eae tle p es 650 1104 
MPUMMEB ER ANMUNCILIOSY 6.4 an pooh a aw ees eiwin ey wees 650 1105 
Re oS y co) wise atk F5's aa tmteaeets a oke MS 651 1106 
MR EST ad Any wind Dc Kis g, wis wath na. gM aa cig eT 652 1107 

SLREET IMPROVEMENT BONDS .............. 117-986-751-988 

STREET NUMBERS: 
EES Iie has in oS a nsyole ss rote sae whe, mele none e 668 1143 
1 A SOE ES Sa eit at Soar es a ae Pe 7 669 © 1144 
DR eeeerAPe DIS PIACOU 54 oo 25 seks als « os els et bee apes 670 1145 

STREET RAILWAYS—(See “Railroads.”) 
IRIE Urcge hes 4 4's.0 os Wak ec west e mec os sein wieee hen 652 1108 
MNRAS ANE cS cach oc sho hi ayia, 4 oe Rh igton Aim evs oem ae a er a 492 702-704 
RIPEN CAE STi ac doa. wave, 8s Anke leger'e © poe le| wise esas 492 703 
Accidents—T0O avoid: 2.200... ee ee ee aw eee 492 705 
Right of way on tracks............. eee c en ences 492 706 
OTEICE TOQUITOd 9 ooo ie sede hich e cree terees eens 492 707 
MMITOGU., CTOSSINGS ©”. ". oobi. eres ae eke tien AAR 493 708 
Rights subordinate to fire department............ 493 710 
Double and single tracks..............-s00.s000- .., 494 711 
Streets—How appropriated ..............:+ee05 494 712 
Provisions as to rails, etc.......... 20. eee eee eee _ 495 715 
Provisions as to paving .........----+ssseeeerees 495 716 
Adjoining parallel streets ........-..++-++++--+- 496 717 
Tracks on unpaved streets .......-.--0++eeeeeees 496 718 
Paving streets—Notice to be given........+++-+-+> 496 719 
Routes to be designated. ........----eeeeeeeeeeee 496 720 
Tracks flush with rails ...........-2+eeeeeeeees 498 721 
Grade of roadway .....-....-edeseeeseeeeeees 498 722 
May forbid laying of tracks.......--...+++++55 499 723 


Council may determine ThiutReie Oak At ee oes 499 724 


Ween eo OGENERAL ANDER. | ae 
STREET RAILWAYS— (See “Railroads”)— (Continued) ee 

Cars passing another—Stop—When............... : : 499 

Specd Wmibancss noe UN es ie its * 499. i 

Viglitioh <) hh a 
STREET WALKING ........ Pa ey 2 Oa 
STRONG & JONDR heise) ona ee hovi-309 eae 
SUBWAYS: ee Be 

Subway ordinance—General ig ete EAS ae eae , . . * 950-959 

The Jaw as to Siigeae: Sand pts Nord mies ee © | 998 ‘ 
SUBDIVISIONS: ep 

PECIMAD CS aA: oe ied a sncg cesh ht mvige ee whe wes Bae ee ie cae 662 | oe 

Rules voverning ee ; pia yee Srcdhig wee etc) ovata < : Ris ioe OG Ay alaye a ae 

Outlawed subdivision COURT ote ae aoe tae os ete OOM 
SUPERINTENDENT CITY HOSPITAL..... atigath< ssa) S06 R50 gee ae 
SUPERINTENDENT GARBAGE DEPT.—Bond...... 258 es ane 
SUPERINTENDENT HEALTH DEPARTMENT...... 187 i re : 
SUPERINTENDENT WATER DEPT.—Bond ........ aan 
SUPERINTENDENT STREET SPRINKLING—Bond.. . 258 - 
SURFACE WAMBR c(i coiwy neue eae Soisiehss. 363. 
SURPLUS—May transfer from one account to nnopier 200.4) tpi 3O. 
TANNING. pisjgeegtetstacnccune+ sere eet viriunte eget 
TARPAULINS—License ......... ++. Se a, err 
TAX ASSESSOR: | deep aba . 

(Office created, term and duties. .........- hue ts oy th 82-303 

TOW NSToN a6) & Gite: lr: ROURa ear ortininns No tea eG. Ue my ream pete A » 83-3038 05 AU: 

Salary . =. si)... Bering < heres he: aan RG ok ae 83-303 meee 104. 

Asmistamt  : Jciuo ccs auisiuues eee yiceibrs nly eiallpiakce os ar ntaseat a scans 83 

Power ‘to administer oaths). 20.04). vi... Pay} Rane Tes a eae 

Bond: chia ee ee ee we ev ioe aaa ame 
TAXES AND TAXATION: REECE th wl 

Power Of. taxation ve. ot. eee ike es AA Oieas é 

Time of: paymaent (202 cai. S38 Ree RG ee Ree ee 88-303. ‘ina 

Rates i. ov aang Lis es a ee ee 


Dehiiquent gs tee. ee ROM ENT ee) ce fa. — -§8-88 


a ee GENERAL INDEX. 


. TAXES AND TAXATION— (Continued) 
PAmeemerIenteeGdiced |... vats wee ain eb AAS 


‘Levy—How applied and maximum............... 


‘Property exempt from execution...............-. 


ee LO a, coh LR tae ee 


‘Property UN] CAL AR Rte ae RL PS, Ske are ac A me 


ME Me ee Rg ere Fn My ee ee ay, Bae eee 


Meteo 2 OS LES WDE ES Neko a ee ad ‘, 


I a cr RADE SA pve See Pa NSE 
MMT SAITO 90) ake dia. 3) 3 acd xi he hse os Sesh ewe 
Beem NOOO —— HOW oo ees aig case jue Stele Skies 
Privilege Taxes—(See “Privileges”).............. 
oemeter-tstitnate’ of.) 0s Wee ty eens ome 
Sewer BD OCCIB NY Sy. oii aie eas iia vate weaia Hea Ue 
ates Parried to: BUrplus ws jcc. 55. 2 eee . OR ates 
Turnpike tax Ue a ans PP IT oS 
Release taxes prior to 1879...........-01..s snes 
School tax. ............... Peep eee needle ees 
MTOM OUT OPT UAUPOT soc. ws sehen Sian hay > Faas EC BeR 
BAER wer Iet eS shecik 5 Si, + ae eA wk, «5 Ne 
Spcoial——Aboliaheds sii. 6 ce Ee Eek hehe biog 


Porm Memphis, leyee (. .... 0%... EE. BR PAST ee els 


Borrow money—Anticipation ........... ee siesnhen 


Pe MY DOD 65 vac sn a's a woos isle cai A agus’ eee dads ES 


pita) te; 6) 6) 000 6 e ee, 8 eo Be 0 4) 8 Ov dpe Ue hi) @ aid Ae a) 6 67 


Budget, 1909 


Set Se BRE ANV OTT ix. hoses oe ale staat eres 


REPRE AT MEMNILT TOL Ve acc'c u's ois ev id @ oie tne, a hate bate ees : 


Gmmranatiomrotd city taxes... <6. Pas «5 oS asia’ Meee 
Communicable disease hospital tax..........-.... 


SE aaa aia gS 8 5s! ay'a 00 w wlelie Mache $59, 8 cele 1 AG Ae 
PemiING: DISTRICT—Created. «22.00/00 ne ate etre wee wrens 


303 


1169 


SECTION. 


32 
41-114 
4d 

41 
100-115 
100 


101-117-121 


125 
“74? 
112 

113 
“414 
116-125 
e255: 
| 119 
421 
122 

-. 123 
124 
125 
301 
302: 
319 
322 

- 148a 
148a 


1087-1090 
~ 1096 


1170 GENERAL INDEX. 


TAX RECEIVER: 


County trustee made tax receiver. 2.0.0.0... 


BG GOL GCT ABRRS oie ace id aces ced na cael e cacg hes ee NE 


Paxesto be dccept separate. scan cums eases 


Front foot assessment 
Liability on bond 
Compensation 
TELEPHONE AND TELEGRAPH COMPANIES: 


Pole rental 


Right: bo --ogcupy Streete ot. Ole ee san ote ree o | 


TELEPHONE POLES: 


To de Of Cedar, Steel, ClO. ict kes sn eed geen ee 


Rules for erection, ete. 


TELEPHONE WIRES: 


INGE SEG: De OUE Oe ide cic Ho Si eA re 


Constvucticny GE teri 2 ae Aa ee eee 


ecreeever eee ee eee ese ee eee ee eve 


oeceere eee eee ewe eee woe ee 
ececerecwrese ee ees eee eee eevee ee 


oeceeeoesereeeer ere er eee eee eo ee ere eee 


eeceseceer ee cee ee we ee we we woe eH eee Hee oe 


oeoereer eevee eevee oeve eee ee 


ere oe e eee ee eee eee ee ee eee 


ees ee eee eee ree 


THERITORTALSEIMITS: OF “CITY Uo oe oe cee 
THEATER—(See “Building Ordinance”)........... 


rr er ey 


ees ee ee ee ee eo ew ee eo ee wo 


Oe ee ee 6 66 Ce © oo 8! 08 Oe eS ew) 06s 6 8 6 o 


stlging 896 


vaphe 38 


SECTION. 


105 
120 
106-109 
106-2 
106 
107-108 
108 

109 


371 
372 


627 


990 
1300 
124 
189 
1377 


1357 


3 
121-127 
190 

204 
Art. 20 


991 et seq. 
1002 


GENERAL INDEX. 1171 


THEATER BUILDINGS— (Continued) PRAIA EM o> 
ROE ea ae ete ea 5 596 1004 
MPMEIEGOLO Siesta ae eos a hoe rk Rot oie eee 597 1007 
Pere MRM PC ISHOL BS. i, sss oak eee Rav ad Ano wee 597 1009 
TR I i a wi, bg aia Byes BRM goles 598 1010-1011 
SRM MES ERCP TALUS 0 035. a so s/eie over oneh sd OaRMDR A OO Re 391-639-640 108-1074-1075 
Panetta is) BME COMPANIES: os oes ek tee 394 125 
TRANSFERS—Street Railway Co. ............0 0000 765 14 
TReANSE ER BUSINESS—License ‘2... 0.565.060 0 see ole 394 122 
TRANSFER WAGONS: | 
PR Eee oD Snel a cl '¥ oo)! oR edly) one wees ara’ his RAE 464 580 
Width of tires ...... ‘eth Te coh ig pay ey crane Pana 464 581 
TREES: 
oO destroy or injure .....0...2%. SS ADAIR: , RR PENE ve 489 692 
UNMET fa ka iS gece ai ahy weet ai avlonitas sae ie a rea 489 693 
In three feet of city wires....:....0..0..0ueenees 506 757 
MMe POLES 2G ahaa. sia so 5: ug hatte Wee hE at he oe 506 757-758 
ROE ea DesGUte—W hel. ).d site eas Sa orbs 589 990 
TUBERCULOSIS—Cows affected with..............6. 331 224 
ePIC A TAN: WTC. gvaiccs Soko sooo be Ee slo EN 93 122 
UNDERTAKERS: 
SG Ra oa ease eae Myra a eter: Pe Aaa ree 356 311 
SRTT REM ee sth vine k a Slee He hen Sem ens 356 312 
Read bodies. exposed “2... eh ea ewe elas 356 313 
EES SOE | ie Ny aA A EEE Ie Ra ee akg 395 126 
WNION. PASSENGER -STATION...... 6.0. cee eee oes 911 Art. 91- 
UNION RAILWAY COMPANY (BELT LINE): 
Ui) Ss CUA (as ag eRe ete ene ae Den Stat gt 878 Art. 87 
"Track on Front street.....6. 2.02. cscs cece a ee eee 893 1354 
Track across Henry avenue to Cubbins property... 893 1355a 
Route No. 3—Not to build.............. eee eee 894 1255¢ 
Track to Crescent. Cotton Oil Co........6..- 0200. 894 
- Track on Broadway... ......-sesscee eee e et eee eaes 997 


Elmwood cemetery bridge ..........0++ see e eens 1043 


1172 _ GENERAL INDEX. 
2 PAGE. 
UNION RAILWAY CO. (Belt Line) —(Continued) : 

Drack neae Ge yoso: Oi W Orke. oii Wiese wo pelle es Babe 1078 

Tocclose, Brinkley..street 46. oe. 2.0 TES eee Saiat aes | 1079 | 

Line arommd ety nl. oes Aa ao ae a ges en ye 1088-1091 
URINALS—Construction .......... ORAS ieee 2 Se 
VACANT LOTS—To be enclosed—When.............. 504 
WA COEN A TONE Aa Ss PAE een een kas Pia cata 0 er 355-641 
WAGER INO Peas OU ae arate Get y ae nab etea dete tk xe Load. Ween eas ec 
VIA GRAIN TS 8 erab rach he Ratatat gia a otacata apsmeeenedon Rud Cae Ee ream aa ies 469-470 | 
VALERY: One MEDS 0) 28 OR see 950 
VARIETY THEA TERS——License: 2/0. a5 bo 0 5 Gee oe 7 3952. 
VAUDEYV ILUMISHOWS License iii cle ei ee eee 395. 
VEGETABLES: 

License—Regulations’ ito. sell, eben rics als kes 486 
VEGH TA BE Bit ORNS iy vo ts sie ote aie a tev enn aes 451 
VEHICLES: 

To give precedence to foot passengers...... Ree DP sioe _ 442 — 

License Paes se Nn ead. aR le 459-464 

Drive te THR Ga ecco we eee Lites dawn: -460 

Drive: in-owadk-— Wine te clus Bit eee acu a «appa nme : 460 ¥ A 

Licetee. pumibers: owe aniy be eerie. ad eee 460 “5 a% 

Numbers Heese SUPPUIAGs Ms: nen wu aes Meee s 461. : 

Widen oliatives bo Seo Se aa Sed eee kee _ 464 

One PELSGM FON Sekt! SLM Gs Sek ee ee 465 

eit OH CRUSBIN ISIE amr ee ics tt eR ante 5 ay hee ae eee é 


VETERINARY SURGEON: 


Election, salary, ete. ..2.... pape ties Se ghy, Sa 8G  F ASo et eee 
VOTERS—Qualification ............ Boca ee ee Ee 
WAGES—Hours and pay of laborers................. 649 
WAGON YARD=-Publie? -.2 yong haa eh ira ae le >: BBTBeke 
WALLS OF BUILDINGS—Dangerous......... 21.2.4... Seo 
WARD ROUNRHI RO Oc cae ‘Lan ena ke 
WAREHOUSES AND ELEVATORS—License.......... 395 
WARS STH Gacsveniiyed oo meee Sa eee 345. 


Bh Die tos ee hs AP 


GENERAL INDEX. 1173 
PAGE. SECTION. 
Pi ei tamt ANS. init Sees Pee ese Ts een rs 364 337 
WATER—To be kept pure and open.................. 336 245 
TEP ei sien eRe te Le ARO O toe oes ea) Lee eres 336 245 
WG £0 OVGTTOW? BIGOWEIES > vtewles Gases Spe. qin ee oe 340 262 
Storm water—How disposed of..............600. 340 262 
WATER BONDS: 
SO ROU UNIAN ee cart ences pitees sey cok 689 1176 
BR ULE LO TEBE) oe.) Seat nc ary 2, ante ae neem Rain tue alas an ee 728-732 1182-1183 
PED UUOW ISGUS ad steven miner nee rie era une 6 ide 2 ee 740 1196 
BAM OGL). WSBUG wanelenieincedde Ran € ae inlaw ate! Rew o bieceis oe 736 1189 
WATER CLOSETS: 
DAU AAILE INS Sooke «ve EN A aie SE alee sd Mayet abet gs 413 432 
DAU eS ERUMENYY Ses fp, see eo ee es dees ee ae he ec ae ecto ww 4 F 40 4 
EU pa a RM a Tatar er AS Sar ai iar aati 364 338 
Construction—Hsca ping: gas 0 sss. veejee felons ee a ae 8 341-412 267-427 
PREC UMOTE tea of 28. 5M dere a! ta cha ce WgRR BNE 5a) Boao EN ool 8 one 364 339 
PAUL ERUG SDTOVACGS sx itcbare sou ary Cette al dae sito gree ie 4 362 330 
ROME GO WV Tem ia ara 232 wis. aie be etene: sein 8..tie we ast 9) Bien 2 he 412 428 
PSMA AGO 1K oFiee FS) asc" Ga eee ON beset aes Saree 421 446 
Penalty for VAOUR GAOT ie: pS ates ge Feces aa tote casa Shas 421 447 
WATER COMMISSIONERS—(See “Water Depart- 
ment.”’) . 
WATER COMPANIES—License ...... Rare SE a RE ge 395 132 
WATER DEPARTMENT: 
oiaek OF Mave Ly Lede a wee fe Mirste aetna ees woiaibeone = 1088 
Board of commissioners established .............- 142-681 182-1169 
Binds, PION BE CN MAAN Sa Apne Ie alk pS Lond 5 257-682-689 2-1176 
BIPnG to Bequire? property es sc. tise wee see Op Re ece 136-43-44 171 et seq. 
Peril Obi COMIIMIRSIOUETS Meroe ec cpown ye hele whe eres 681 1169 
Vacancy in: board—How) filled’ 10 .c hie ee a 681 1169 
Ru See VOUS PY ea ha Sw 6 Gree eR RACE She cm wel intwie te bts 681 1169 
Peele VOT CAAT MOAI ike op era Wear tape ee eg 5.84 oe Bat 682 116) 
NET Re AS RS Bae deel Rt 9 ie aie RR a ae Ba 682 1170 
CO DORUPAEOTIG On. i See Fee emerge tN Tate NO ay 683 1171 


1174 GENERAL INDEX. 
| | ) PAGE. 
WATER DEPARTMENT— (Continued) 
Duties ofiofficers’ ss 0250 et oo pies eae ie 68825 
DBupermeendeny. yy sess we Me wees oh es lee eine 684. 
To furnish water free—To whom...............- 688. 
Meters to be removed—When..........+2ssceeees 688 
Pipes to be kept pure ...........%. tiene haat he etah a 336 03 
Water supply—To waste ©... 0 0c ee cet ste bie oeaie's 422 ee 
WATER PIPE: | 
ive WE abbas iene aes a eee 409-505 
PONCE AN Ges a vcs a oe ee see ka eee aeons # 409 
V Girb Pipes LEC Rigs bh stray ote « Cinea ean eohiers Pe ee: 409, | 
Termination of ....... SPS oad bas a a ean nein 410 
Wrasteu trom 2) 2005 0 Ror ss OAR ea ae 411 
ARE AGO COE Pees ooo! G sw wine he a Cee wee iene Deate ate Saeed 413 
To be kept pure Bae SEA ale ey ed re age 336 
WATHE PLUGS-—Tainpering with /s1. 0.66 eu 506 
WATER SUPPLY—To waste ............ Boe ete 422 - 
WEIGHTS AND MEASURES—(See “Inspector of 
| Weights and Measures.”) co 
Articles and fees for inspection... sia. ie neers 277 
Penalties to prevent inspection............e+00. | Pip 
Fees—Articles not enumerated ... Br Coke g Nee 282 
Schediile phifece 0-5) Acute nei a eae 283 
Falsetqweighte Oe ia. oe RP RS AOL PRO os 284 ., 
Violation ofiordinanées< 22.5 sive. des Sake eae + 282 
MAES SO ee eee Ek iat er eee a See 41-322-351-479 
WAR PAN DS ARNT ios ao itil cra aaa wh 42 
TAGS We Be Sid oi vivsnice wr eaap hate Ooo wate ene enna an 285 
Resulate giv. Ss cee Ss ae Regs obec, ans 1s Gills ise ROE 
- Penalty to refuse to COmIply eS. tS se sete ether 285 
MHEDAIS” Aum esis Sk. prem ute anes S Beso Baltes erg. a 286 
tM CGS; ate ate Wir eae’ by oltre iota allan, Nec mane ba en rea tee 286 
eSpace Tised (iy: Vessela eas ee ee he te ee ater samen ee. 288 


r Cares deposited oe tats eae aa ore gece aS 289.. 


GENERAL INDEX. 1175 


PAGE. SECTION. 
WHARF AND LANDINGS—(Continued) 
CPS DE ICUMO INS ans 0 NUE. a Oe PED See Ov a Skee 289 94-95-96 
Extent of wharfage : Veiets eee Soe ee avedsly ch ev in hth 01 ae 292 98-100 
ERESENOROTE UT DOATAD antsy cals & sieve dieietacn tice idie aes! 8 292 102 
POWER OL WALT DOATB . Ngurste Mina lia a Tae hae «5's 294 107 
ERSEVS 80. WNULLOOBLR. cot ice Glas ae che gis san 200 ho 294 108 
Business on levee—None ..........c0ceeerssceas 294 109 
: HMB TION (OL GROITADOR Se so, Whos tees, aye att. bs inlbeh te ved 293 105 
WHARFMASTER: 
BHECUION, BAIRTY, CLG hacen oe aire ups, ee ONY giele Oh 187-284 265 
PAE DOWOTR, OG <tensk gil isd Gru sd glace ts Oh <4 284 Art. 13 
luper VisiONn. OVEr: WhArl \:cul os bes eit vk ke, 289 92 
SRIECARU REE LOY 6 sine i gters Spsales eis Aim ane epeothd St tral Wie eeeahyee es 293 106 
ered Sime as i OD. aia ersraracain ah tre coe RGM FR Totes Oia de Sieae.e 1091 
Were Peck CEMETERY ofa tes bast eben ie 204-474 313-629 
WIRES: | 
In three feet fire department wires............... 473 625 
Uninsulated and dangerous, ........'s. ee sceeees 478 651 
SIMO TS -AEOUMO 2a. 6 8 vate gull sects elects tapeeoe oats 479 652 
A PORE IOOR TIO: WITOS > FS 5 Fico qty ab min wae ckirere enrol state 479 653 
BRUM ROY, OT CCLION, COCs. ved tigre swith ae ade se he les 983 
BOREMPS EO A SUMED 5.5.5 4s Sieh « Ib 6, eal awhdeh oh oe acylrar cn uaere aca ate 958 
EL OPM LES bles Lath So vie a Kieldw tts FEI nh treme caylee walle 39 4 
PARU CAND “ARWA: DRAINS” 302 kb eons A 408 412 
YAZOO & MISSISSIPPI VALLEY RAILROAD: 
Track on Calhoun street ....... 8 Ta ge aE 906 1376 
Track on Trezevant and Clinton streets.......... 909 1381 
PEPBCKSAINCO LAB CCH: SUADIOW ston tain tacks Wie cook ersre aials 905 - 1374 
Ret Wt VE ve Src est tenes OR whee ta Vela < ahal nate 959 


PRR V VS ce Lr V SUES 4 pies eB sw Udine ke a ele ecm: aiw 4 9°h 352 298 


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